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Contract: Recovery/Enforcement | New York Eastern
Summons Returned Executed
SUMMONS Returned Executed by Lauren Calahan. Jared Toldo served on 7/10/2026, answer due 7/31/2026. (Pfeffer, Jason)
Contract: Other | New York Southern
Stipulation and Order ~Util - Add and Terminate Attorneys ~Util - Terminate Motions
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff Kermit Austin; outgoing counsel ofrecord John V. Baranello and Savita Sivakumar of Moses & Singer LLP, Michael L. Simes of Simes Law P.C.; and incoming counsel Justin S. Nematzadeh ofNematzadeh PLLC, and Matthew W. Schmidt of Schmidt Law Corporation, pursuant to Local Civil Rule 1.4 of the Local Rules of the United States District Courts for the Southern District of New York, as follows: 1. Justin S. Nematzadeh of Nematzadeh PLLC and Matthew W. Schmidt of Schmidt Law Corporation are hereby substituted as counsel of record for Plaintiff Kermit Austin in the above-captioned action in the place and stead of John V. Baranello and Savita Sivakumar of Moses & Singer LLP; and Michael L. Simes, formerly of Moses & Singer LLP, and more formerly of Simes Law P.C., effective upon entry of this Stipulation as an Order of the Court 2. Plaintiff Kermit Austin consents to this substitution of counsel. 3. This substitution will not delay the progress of this action. Incoming counsel does not, at the time of substitution, intend to seek modification of any existing deadlines or dates for court appearances, including the September 17, 2026, close of fact discovery. 4. Outgoing counsel John V. Baranello; Savita Sivakumar; and their respective firm Moses & Singer LLP, assert no retaining or charging lien with respect to this action. 5. Outgoing counsel Michael Simes, and his respective firms, formerly Moses & Singer, and more formerly Simes Law PLLC, assert no retaining or charging lien with respect to this action. 6. Upon entry of this Stipulation as an Order of the Court, the Clerk of Court is respectfully requested to terminate the appearances of John V. Baranello, Savita Sivakumar, and Michael L. Simes as counsel of record for Plaintiff. SO ORDERED. Attorney Savita Sivakumar; John Vincent Baranello and Michael Lawrence Simes terminated., Motions terminated: 28 MOTION to Substitute Attorney. Old Attorney: John V. Baranello, New Attorney: Matthew W. Schmidt and Justin S. Nematzadeh. filed by Kermit Austin. (Signed by Judge Jeannette A. Vargas on 7/13/2026) (sgz)
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