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ILND 450 (Rev. 10/13) Judgment in a Civil Action

IN THE UNITED STATES DISTRICT COURT 

FOR THE 

NORTHERN DISTRICT OF ILLINOIS

SANDY POINT DENTAL, PC, 

Plaintiff(s), 

 

v. 

THE CINCINNATI INSURANCE COMPANY, 

Defendant(s). 

Case No. 20 cv 2160 

Judge Robert W. Gettleman 

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

 in favor of plaintiff(s) 

 and against defendant(s) 

 in the amount of $ , 

 

 which includes pre interest. 

 does not include pre interest. 

 Post-judgment interest accrues on that amount at the rate provided by law from the date of this judgment. 

 Plaintiff(s) shall recover costs from defendant(s). 

 in favor of defendant(s) THE CINCINNATI INSURANCE COMPANY 

 and against plaintiff(s) SANDY POINT DENTAL, PC, 

 Defendant(s) shall recover costs from plaintiff(s). 

 other: 

This action was (check one):

tried by a jury with Judge presiding, and the jury has rendered a verdict. 

tried by Judge without a jury and the above decision was reached. 

 decided by Judge Robert W. Gettleman on a motion 

Date: 9/21/2020 Thomas G. Bruton, Clerk of Court

 Claire E. Newman, Deputy Clerk 

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UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3

Eastern Division

Sandy Point Dental PC

Plaintiff,

v. Case No.: 1:20−cv−02160

Honorable Robert W. Gettleman

The Cincinnati Insurance Company, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Wednesday, December 30, 2020:

 MINUTE entry before the Honorable Robert W. Gettleman: Defendant's second

motion to supplement pleadings with additional authority [50] is granted. Mailed notice

(cn).

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

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 Ahmed v. Ashcroft, 388 F.3d 247, 249 (7th Cir. 2004). 

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UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 6.3.3

Eastern Division

Sandy Point Dental PC

Plaintiff,

v. Case No.: 1:20−cv−02160

Honorable Robert W. Gettleman

The Cincinnati Insurance Company, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Thursday, January 14, 2021:

 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status

hearing set for 1/22/2021 is stricken. Mailed notice (cn).

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

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APPEAL,JANTZ,TERMED

United States District Court

Northern District of Illinois - CM/ECF LIVE, Ver 6.3.3 (Chicago)

CIVIL DOCKET FOR CASE #: 1:20-cv-02160

Internal Use Only

Sandy Point Dental PC v. The Cincinnati Insurance Company et

al

Assigned to: Honorable Robert W. Gettleman

Demand: $165,000

Cause: 28:1332 Diversity-Other Contract

Date Filed: 04/06/2020

Date Terminated: 09/21/2020

Jury Demand: Both

Nature of Suit: 110 Contract: Insurance

Jurisdiction: Diversity

Plaintiff

Sandy Point Dental PC represented by Charles Aaron Silverman

Charles Aaron Silverman PC

8800 Bronx Ave #100-F

Skokie, IL 60077

312 526 3201

Email: chsilvlaw@yahoo.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Roberta Ann Becker

Becker & Becker

2300 Barrington Road

Suite 400

Hoffman Estates, IL 60195

(708) 517-2608

ATTORNEY TO BE NOTICED

V.

Defendant

The Cincinnati Insurance Company represented by Brian M Reid

Litchfield Cavo

303 West Madison Street

Suite 300

Chicago, IL 60606

(312) 781-6677

Email: reid@litchfieldcavo.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Dennis Michael Dolan

Litchfield Cavo

303 West Madison Street

Chicago, IL 60606

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(312) 781-6641

Email: dolan@litchfieldcavo.com

TERMINATED: 08/04/2020

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Michael Paul Baniak

Litchfield Cavo LLP

303 W Madison Street

Suite 300

Chicago

Chicago, IL 60606

(312) 781-6596

Email: baniak@litchfieldcavo.com

ATTORNEY TO BE NOTICED

Defendant

The Cincinnati Casualty Company

TERMINATED: 07/16/2020

represented by Dennis Michael Dolan

(See above for address)

TERMINATED: 08/04/2020

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Michael Paul Baniak

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

The Cincinnati Indemnity Company

TERMINATED: 07/16/2020

represented by Dennis Michael Dolan

(See above for address)

TERMINATED: 08/04/2020

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Michael Paul Baniak

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

The Cincinnati Insurance Companies

TERMINATED: 07/16/2020

represented by Dennis Michael Dolan

(See above for address)

TERMINATED: 08/04/2020

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Michael Paul Baniak

(See above for address)

ATTORNEY TO BE NOTICED

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Date Filed # Select

all / clear Docket Text

03/30/2020 3

52.74KB

ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS

COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R.

Pallmeyer on March 30, 2020. All open cases are impacted by this Second

Amended General Order. Amended General Order 20-0012, entered on March

17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated

and superseded by this Second Amended General. See attached Order for

guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020.

Mailed notice. (cn). Modified on 4/16/2020 (bg, ). (Entered: 04/15/2020)

04/06/2020 1

3.23MB

COMPLAINT filed by SANDY POINT DENTAL PC; Jury Demand. Filing

fee $ 400, receipt number 0752-16914950. (Attachments: # 1 Exhibit

Insurance Contract, # 2 Exhibit Rejection Letter, # 3 Civil Cover Sheet Civil

Cover Sheet)(Silverman, Charles) (Entered: 04/06/2020)

04/06/2020 2

71.92KB

ATTORNEY Appearance for Plaintiff SANDY POINT DENTAL PC by

Charles Aaron Silverman (Silverman, Charles) (Entered: 04/06/2020)

04/06/2020 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as

Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random

assignment. (axc, ) (Entered: 04/06/2020)

04/15/2020 4

17.09KB

Entered in error. (cn). (Entered: 04/15/2020)

04/21/2020 8

5.82MB

SUBSEQUENT MOTION for Transfer of Actions Pursuant to 28 USC

Section 1407 for Coordinated or Consolidated Pretrial Proceedings (Exhibits).

(Attachments: # 1 Envelope)(td, ) (Entered: 05/08/2020)

04/24/2020 5

50.21KB

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS

COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R.

Pallmeyer on April 24, 2020. All open cases are impacted by this Third

Amended General Order. Parties are must carefully review all obligations

under this Order, including the requirement listed in paragraph number 5 to

file a joint written status report in most civil cases. See attached Order. Signed

by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice.

(docket9, ) (Entered: 04/27/2020)

05/04/2020 6

59.50KB

ATTORNEY Appearance for Defendants The Cincinnati Casualty Company,

The Cincinnati Indemnity Company, The Cincinnati Insurance Companies,

The Cincinnati Insurance Company by Dennis Michael Dolan (Dolan,

Dennis) (Entered: 05/04/2020)

05/04/2020 7

59.62KB

ATTORNEY Appearance for Defendants The Cincinnati Casualty Company,

The Cincinnati Indemnity Company, The Cincinnati Insurance Companies,

The Cincinnati Insurance Company by Michael Paul Baniak (Baniak,

Michael) (Entered: 05/04/2020)

05/12/2020 9

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WAIVER OF SERVICE returned executed by Sandy Point Dental PC. The

Cincinnati Casualty Company waiver sent on 5/9/2020, answer due 7/8/2020.

(Silverman, Charles) (Entered: 05/12/2020)

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WAIVER OF SERVICE returned executed by Sandy Point Dental PC. The

Cincinnati Indemnity Company waiver sent on 5/9/2020, answer due

7/8/2020. (Silverman, Charles) (Entered: 05/12/2020)

05/12/2020 11

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WAIVER OF SERVICE returned executed by Sandy Point Dental PC. The

Cincinnati Insurance Companies waiver sent on 5/9/2020, answer due

7/8/2020. (Silverman, Charles) (Entered: 05/12/2020)

05/12/2020 12

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WAIVER OF SERVICE returned executed by Sandy Point Dental PC. The

Cincinnati Insurance Company waiver sent on 5/9/2020, answer due 7/8/2020.

(Silverman, Charles) (Entered: 05/12/2020)

05/26/2020 13

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ORDER ORDER Fourth Amended General Order 20-0012 IN RE:

CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief

Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or

modify any deadlines set in civil cases. For non-emergency motions, no

motion may be noticed for presentment on a date earlier than July 15, 2020.

See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on

5/26/2020: Mailed notice. (docket10, ) (Entered: 05/26/2020)

05/28/2020 14

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NOTICE Appearance for Plaintiff Sandy Point Dental PC by Charles Aaron

Silverman (Attachments: # 1 Corporate Disclosure, # 2 Proof of Service)(tg, )

(Entered: 05/28/2020)

07/07/2020 15

115.48KB

MOTION by Defendant The Cincinnati Insurance Company for extension of

time to file response/reply as to complaint, 1 Unopposed (Baniak, Michael)

(Entered: 07/07/2020)

07/07/2020 16

112.04KB

NOTICE of Motion by Michael Paul Baniak for presentment of motion for

extension of time to file response/reply 15 before Honorable Robert W.

Gettleman on 7/14/2020 at 09:15 AM. (Baniak, Michael) (Entered:

07/07/2020)

07/08/2020 17

4.33KB

MINUTE entry before the Honorable Robert W. Gettleman: Unopposed

motion to extend time to answer or otherwise plead 15 is granted. Defendants'

responsive pleading due on or before 7/22/2020. Motion presentment hearing

set for 7/14/2020 is stricken. Mailed notice (cn). (Entered: 07/08/2020)

07/10/2020 18

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ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS

COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R.

Pallmeyer on July 10, 2020. This Order does not extend or modify any

deadlines set in civil cases. No motions may be noticed for in-person

presentment; the presiding judge will notify parties of the need, if any, for a

hearing by electronic means or in-court proceeding. See attached Order.

Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice.

(Clerk9, Docket) (Entered: 07/10/2020)

07/16/2020 19

13.36KB

NOTICE of Voluntary Dismissal by Sandy Point Dental PC of 3 of 4

Defendants (Silverman, Charles) (Entered: 07/16/2020)

07/16/2020 20

78.19KB

MOTION by Plaintiff Sandy Point Dental PC to amend/correct notice of

voluntary dismissal 19 , complaint, 1 (Unopposed Motion) (Attachments: # 1

Exhibit Intended Pleading)(Silverman, Charles) (Entered: 07/16/2020)

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Unopposed Motion NOTICE of Motion by Charles Aaron Silverman for

presentment of motion to amend/correct 20 before Honorable Robert W.

Gettleman on 7/28/2020 at 09:15 AM. (Silverman, Charles) (Entered:

07/16/2020)

07/17/2020 22

4.30KB

MINUTE entry before the Honorable Robert W. Gettleman: Motion for leave

to file amended complaint (unopposed) 20 is granted. Motion presentment

hearing set for 7/28/2020 is stricken. Mailed notice (cn). (Entered:

07/17/2020)

07/17/2020 23

65.03KB

AMENDED complaint by Sandy Point Dental PC against The Cincinnati

Insurance Company (Silverman, Charles) (Entered: 07/17/2020)

07/21/2020 24

8.92KB

ATTORNEY Appearance for Defendant The Cincinnati Insurance Company

by Brian M Reid (Reid, Brian) (Entered: 07/21/2020)

07/31/2020 25

3.50MB

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant

The Cincinnati Insurance Company (Attachments: # 1 Exhibit A - Policy

Excerpts, # 2 Exhibit B - Social Life v Sentinel Trans, # 3 Exhibit C -

Gavrilides Order and Transcript, # 4 Exhibit D - CDC Reopening Guidance, #

5 Exhibit E - List of Disinfectants)(Baniak, Michael) (Entered: 07/31/2020)

07/31/2020 26

0.89MB

MEMORANDUM by The Cincinnati Insurance Company in support of

Motion to Dismiss for Failure to State a Claim, 25 (Baniak, Michael)

(Entered: 07/31/2020)

07/31/2020 27

116.28KB

NOTICE of Motion by Michael Paul Baniak for presentment of Motion to

Dismiss for Failure to State a Claim, 25 before Honorable Robert W.

Gettleman on 8/11/2020 at 09:15 AM. (Baniak, Michael) (Entered:

07/31/2020)

08/03/2020 28

4.63KB

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's

response to defendant's motion to dismiss 25 due on or before 8/31/2020;

defendant's reply due on or before 9/14/2020. Telephonic status hearing set

for 11/13/2020 at 9:15 a.m. The call-in number is (888) 684-8852 and the

access code is 1503395. Counsel of record will receive an email the morning

of the telephonic hearing with instructions to join the call. Persons granted

remote access to proceedings are reminded of the general prohibition against

photographing, recording, and rebroadcasting of court proceedings. Violation

of these prohibitions may result in sanctions, including removal of court

issued media credentials, restricted entry to future hearings, denial of entry to

future hearings, or any other sanctions deemed necessary by the Court. Mailed

notice (cn). (Entered: 08/03/2020)

08/03/2020 29

4.25KB

MINUTE entry before the Honorable Robert W. Gettleman: Motion

presentment hearing set for 8/11/2020 is stricken. Mailed notice (cn).

(Entered: 08/03/2020)

08/04/2020 30

111.60KB

MOTION by Attorney Dennis M. Dolan to withdraw as attorney for The

Cincinnati Insurance Company. No party information provided (Dolan,

Dennis) (Entered: 08/04/2020)

08/04/2020 31

115.86KB

NOTICE of Motion by Dennis Michael Dolan for presentment of motion to

withdraw as attorney 30 before Honorable Robert W. Gettleman on 8/11/2020

at 09:00 AM. (Dolan, Dennis) (Entered: 08/04/2020)

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MINUTE entry before the Honorable Robert W. Gettleman: Defendant's

Motion to withdraw attorney Dennis M. Dolan as counsel of record 30 is

granted. Motion presentment hearing set for 8/11/2020 is stricken. Mailed

notice (cn). (Entered: 08/04/2020)

08/12/2020 33

87.00KB

ORDER Denying Transfer and Directing Issuance of Show Cause Orders.

(nsf, ) (Entered: 08/13/2020)

08/17/2020 34

1.24MB

RESPONSE by Sandy Point Dental PCin Opposition to MOTION TO

DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The

Cincinnati Insurance Company 25 (Attachments: # 1 Exhibit Policy, # 2

Exhibit Cited case, # 3 Exhibit ISO Circular)(Silverman, Charles) (Entered:

08/17/2020)

08/19/2020 35

216.55KB

Notice of Hearing Session by Multidistrict Litigation Panel (bg, ) (Entered:

08/20/2020)

09/14/2020 36

3.87MB

REPLY by Defendant The Cincinnati Insurance Company to Motion to

Dismiss for Failure to State a Claim, 25 (Attachments: # 1 Exhibit 1, # 2

Exhibit 2, # 3 Exhibit 3)(Baniak, Michael) (Entered: 09/14/2020)

09/21/2020 37

166.13KB

MEMORANDUM Opinion and Order Signed by the Honorable Robert W.

Gettleman on 9/21/2020: For the reasons set forth in the attached

Memorandum Opinion and Order, defendant's motion to dismiss 25 is

granted. Telephonic hearing set for 11/13/2020 is stricken. Civil case

terminated. Mailed notice (cn). (Entered: 09/21/2020)

09/21/2020 38

67.37KB

ENTERED JUDGMENT on 9/21/2020. Mailed notice (cn). (Entered:

09/21/2020)

10/16/2020 39

131.43KB

MOTION by Plaintiff Sandy Point Dental PC to file instanter A Second

Amended Complaint (Attachments: # 1 Exhibit Intended Second Amended

Complaint)(Silverman, Charles) (Entered: 10/16/2020)

10/16/2020 40

148.70KB

MOTION by Plaintiff Sandy Point Dental PC for reconsideration regarding

Order on Motion to Dismiss for Failure to State a Claim,, memorandum

opinion and order,, terminated case, 37 , entered judgment 38 (Attachments: #

1 Exhibit Blue Springs Dental Ruling)(Silverman, Charles) (Entered:

10/16/2020)

10/16/2020 41

0.52MB

NOTICE of Motion by Charles Aaron Silverman for presentment of motion

for reconsideration, 40 , motion to file instanter 39 before Honorable Robert

W. Gettleman on 10/22/2020 at 09:15 AM. (Silverman, Charles) (Entered:

10/16/2020)

10/18/2020 42

16.17KB

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the

following briefing schedule on plaintiff's motion for leave to file a Second

Amended Complaint 39 and motion for reconsideration 40 : defendants'

response due by 11/9/2020; plaintiff's reply due by 11/23/2020. Telephonic

status hearing set for 1/22/2021 at 9:15 a.m. The call-in number is (888)

684-8852 and the access code is 1503395. Motion presentment hearing is

stricken. The court reminds counsel that pursuant to the Chief Judge's Fifth

Amended General Order 18 the procedures set forth on this court's webpage,

the parties are directed not to notice motions for presentment until further

order of court. Mailed notice (cn). (Entered: 10/18/2020)

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ATTORNEY Appearance for Plaintiff Sandy Point Dental PC by Roberta Ann

Becker (Becker, Roberta) (Entered: 10/30/2020)

11/09/2020 44

0.60MB

RESPONSE by The Cincinnati Insurance Companyin Opposition to

MOTION by Plaintiff Sandy Point Dental PC for reconsideration regarding

Order on Motion to Dismiss for Failure to State a Claim,, memorandum

opinion and order,, terminated case, 37 , entered judgment 38 40

(Attachments: # 1 Exhibit A - It's Nice Order and Transcript, # 2 Exhibit B -

Uncork & Create Opinion)(Reid, Brian) (Entered: 11/09/2020)

11/09/2020 45

0.61MB

RESPONSE by The Cincinnati Insurance Companyin Opposition to

MOTION by Plaintiff Sandy Point Dental PC to file instanter A Second

Amended Complaint 39 (Attachments: # 1 Exhibit A - It's Nice Order and

Transcript, # 2 Exhibit B - Uncork & Create Opinion)(Reid, Brian) (Entered:

11/09/2020)

11/16/2020 46

5.47MB

REPLY by Plaintiff Sandy Point Dental PC to motion for reconsideration, 40

(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Silverman, Charles) (Entered:

11/16/2020)

11/17/2020 47

5.49MB

REPLY by Plaintiff Sandy Point Dental PC to response in opposition to

motion, 45 For Leave To Amend (Attachments: # 1 Exhibit Exhibit A, # 2

Exhibit Exhibit B)(Silverman, Charles) (Entered: 11/17/2020)

11/25/2020 48

2.06MB

MOTION by Defendant The Cincinnati Insurance Company to supplement

Pleadings with Additional Authority 44 , 45 (Attachments: # 1 Exhibit A -

T&E Chicago decision, # 2 Exhibit B - DAB Dental, # 3 Exhibit C - Goodwill

Indusries, # 4 Exhibit D - Water Sports Kauai, # 5 Exhibit E - Brian Handel

D.M.D., # 6 Exhibit F - Real Hospitality)(Reid, Brian) (Entered: 11/25/2020)

11/30/2020 49

4.26KB

MINUTE entry before the Honorable Robert W. Gettleman: Defendant's

motion to supplement pleadings with additional authority 48 is granted.

Mailed notice (cn). (Entered: 11/30/2020)

12/29/2020 50

3.07MB

MOTION by Defendant The Cincinnati Insurance Company to supplement

Pleadings with Additional Authority 44 , 45 (Second) (Attachments: # 1

Exhibit A - Kirsch DDS v Aspen, # 2 Exhibit B - Catlin Dental, # 3 Exhibit C

- Kessler Dental v Dentists Ins., # 4 Exhibit D - Promotional Headware v

Cincinnati, # 5 Exhibit E - 4431, Inc. v. Cincinnati, # 6 Exhibit F - Zwillo v

Lexington)(Reid, Brian) (Entered: 12/29/2020)

12/30/2020 51

4.27KB

MINUTE entry before the Honorable Robert W. Gettleman: Defendant's

second motion to supplement pleadings with additional authority 50 is

granted. Mailed notice (cn). (Entered: 12/30/2020)

01/10/2021 52

138.22KB

MEMORANDUM Opinion and Order signed by the Honorable Robert W.

Gettleman on 1/10/2021: For the reasons stated in the attached Opinion and

Order, the court denies plaintiff's motion for leave to file a Second Amended

Complaint 39 and motion to reconsider 40 . Mailed notice (cn). (Entered:

01/10/2021)

01/14/2021 53

4.26KB

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status

hearing set for 1/22/2021 is stricken. Mailed notice (cn). (Entered:

01/14/2021)

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NOTICE of appeal by Sandy Point Dental PC regarding orders 51 , 53 , 37 ,

52 , 38 Filing fee $ 505, receipt number 0752-17873438. Receipt number: n

(Silverman, Charles) (Entered: 01/28/2021)

01/29/2021 55

241.95KB

NOTICE of Appeal Due letter sent to counsel of record regarding notice of

appeal 54 . (aee, ) (Entered: 01/29/2021)

or

Total filesize of selected documents (MB): 

Maximum filesize allowed (MB): 30

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