1
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COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $150.00. RECEIPT # 377108. (em) (Entered: 06/27/2000)
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June 22, 2000
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June 22, 2000
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Magistrate Judge Andrew J. Peck is so Designated. (em) (Entered: 06/27/2000)
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June 22, 2000
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June 22, 2000
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2
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Affidavit of service as to New York Convention by personal service on 6/23/00 . Answer due on 7/13/00 for New York Convention . (pl) (Entered: 06/28/2000)
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June 27, 2000
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June 27, 2000
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3
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Affidavit of service as to Gerald T. McQueen by personals service on 6/23/00 . Answer due on 7/13/00 for Gerald T. McQueen . (pl) (Entered: 06/28/2000)
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June 27, 2000
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June 27, 2000
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4
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Affidavit of service as to Richard Powers by personal service on 6/23/00. Answer due on 7/13/00 for Richard Powers. (pl) (Entered: 06/28/2000)
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June 27, 2000
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June 27, 2000
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5
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STIPULATION and ORDER; reset answer to the complt. due for 8/11/00 for Richard Powers, for Gerald T. McQueen, for New York Convention ; in the event that defts move to dismiss the complt., pltffs will have until 9/11/00 to submit opposition papers, and defts' reply, if any, will be served by 9/29/00 ; ( signed by Judge Deborah A. Batts ) (lf) (Entered: 07/18/2000)
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July 18, 2000
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July 18, 2000
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6
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STIPULATION and ORDER; reset answer due for 8/21/00 for Richard Powers, for Gerald T. McQueen ; (signed by Judge Deborah A. Batts) (djc) (Entered: 08/15/2000)
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Aug. 15, 2000
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Aug. 15, 2000
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7
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STIPULATION and ORDER of substitution of counsel for defts McQueen and Powers; Eliot Spitzer, Attorney General of the State of NY, 120 Broadway, New York, NY 10271, is substituted in place and instead of Proskauer Rose LLP, as attorneys for defts Gerald T. McQueen and Richard Powers . ( signed by Judge Deborah A. Batts ) (sn) (Entered: 08/22/2000)
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Aug. 21, 2000
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Aug. 21, 2000
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8
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STIPULATION and ORDER, pltffs will have until 10/10/00 to submit opposition papers to defts' motions to dismiss, and defts' replies, it any, will be served by 11/10/00. Accordingly, the motion to dismiss will be returnable on 11/16/00 . ( signed by Judge Deborah A. Batts ) (kg) (Entered: 09/25/2000)
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Sept. 22, 2000
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Sept. 22, 2000
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9
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NOTICE of attorney appearance for Kevin Aguilar, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Nolton Brown, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Canute Fraser, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Paillere Max, Millicent Miller, Danny Morales, Jacob Ofori−Atta, Natasha Perez, Darlene Perowue, Daniel Perrella, Andre Robertson, Marjorie Seide, Ulric Todman, Evangelinne Valentin, Keith Vann, Harold Vazquez, and Harold Wright by Barry A. Weprin. (kw) (Entered: 10/10/2000)
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Oct. 4, 2000
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Oct. 4, 2000
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10
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MEMO−ENDORSEMENT on Stipulation; that the return date of the motions to dismiss by defts in this matter is adjourned from 11/16/00 to 12/13/00. Denied ; that pltffs' answering papers shall be served by 11/3/00 and defts' reply papers shall be served by 12/8/00. Denied. 9/19/00 order in effect ; ( signed by Judge Deborah A. Batts ); Copies mailed. (lf) (Entered: 10/12/2000)
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Oct. 12, 2000
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Oct. 12, 2000
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11
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Memo−Endorsement on letter addressed to Judge Batts from Barry A. Weprin, dated 10/12/00. Granting plaintiffs' request to modify the briefing schedule contained in the 9/19/00 order so that plaintiffs' answering papers will be served on 10/16/00 . ( signed by Judge Deborah A. Batts ); Copies mailed. (kw) (Entered: 10/17/2000)
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Oct. 16, 2000
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Oct. 16, 2000
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12
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NOTICE OF MOTION by New York Convention to dismiss the complaint with prejudice ; Return date 10/2/00; (fld in the night deposit box on 11/16/00 at 8:58 pm) (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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13
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MEMORANDUM OF LAW by New York Convention in support of [12−1] motion to dismiss the complaint with prejudice . (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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14
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NOTICE OF MOTION by Gerald T. McQueen, Richard Powers to dismiss for lack of jurisdiction ; requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers ; Return date 10/2/00; (fld in the night deposit box on 11/16/00 at 8:59 pm) (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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15
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AFFIDAVIT of Frederic L. Lieberman by Gerald T. McQueen, Richard Powers in support of [14−1] motion to dismiss for lack of jurisdiction, [14−2] motion requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers . (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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16
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MEMORANDUM OF LAW by Gerald T. McQueen, Richard Powers in support of [14−1] motion to dismiss for lack of jurisdiction, [14−2] motion requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers . (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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17
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MEMORANDUM OF LAW by Kevin Aguilar, David Allbritton, Basil Allen in opposition to [14−1] motion to dismiss for lack of jurisdiction, [14−2] motion requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers, [12−1] motion to dismiss the complaint with prejudice; (fld in the night deposit box on 11/16/00 at 8:59 pm) (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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18
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REPLY MEMORANDUM by Gerald T. McQueen, Richard Powers re: [14−1] motion to dismiss for lack of jurisdiction, [14−2] motion requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers; (fld in the night deposit box on 11/16/00a t 6:59 pm) (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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19
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REPLY MEMORANDUM by New York Convention re: [12−1] motion to dismiss the complaint with prejudice (cd) (Entered: 11/20/2000)
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Nov. 16, 2000
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Nov. 16, 2000
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20
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ORDER, staying all discovery until further notice ( signed by Judge Deborah A. Batts ); Copies mailed. (cd) (Entered: 01/22/2001)
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Jan. 19, 2001
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Jan. 19, 2001
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21
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Notice of Case Reassignment to Judge Constance B. Motley . Copy of notice and judge's rules mailed to Attorney(s) of record: Frederic L. Lieberman, Barry A. Weprin, Fredric Ostrove, Jeffrey Kevin Brown . (gmo) (Entered: 08/02/2001)
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July 26, 2001
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July 26, 2001
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22
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ORDER; a pre−trial conference shall be held on 10/11/01 at 10:00 a.m. in Courtroom 26−A in the United States Courthouse at 500 Pearl Street NY, NY. The parties should be prepared to argue any outstanding motions at this time ( signed by Judge Constance B. Motley ) (djc) (Entered: 08/06/2001)
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Aug. 6, 2001
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Aug. 6, 2001
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23
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OPINION #86230, granting in part, denying in part [12−1] motion to dismiss the complaint with prejudice; granting in part, denying in part [14−1] motion to dismiss for lack of jurisdiction granting [14−2] motion requiring plntf to provide a more definite statement of their claims against defts McQueen and Powers; Plaintiffs shall file an amended complaint setting forth specific causes of action for each individual plaintiff . ( signed by Judge Constance B. Motley ); Copies mailed. (ae) (Entered: 11/09/2001)
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Nov. 6, 2001
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Nov. 6, 2001
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24
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ORDER, set amended pleadings due for 1/4/02 . ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 12/04/2001)
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Dec. 4, 2001
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Dec. 4, 2001
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25
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, Mario Mero, Nubia Mero, Mariana Mestanza, Yolanda Monge, M Michelle Moore, Eddison Moreira, Mario Orellana, Jose Perez, Afiah Pomaa, Esther Sanchez, Kerrielynne Spicer, Julio Teran, Leonel Toro, Angelo Valentin, Francia Vargas, Ramon Vigo, Ronald White; Summons issued. AMENDED COMPLAINT by Kevin Aguilar, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Nolton Brown, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Canute Fraser, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Paillere Max, Millicent Miller, Danny Morales, Jacob Ofori−Atta, Natasha Perez, Darlene Perowue, Daniel Perrella, Andre Robertson, Marjorie Seide, Ulric Todman, Evangelinne Valentin, Keith Vann, Harold Vazquez, Harold Wright (Answer due 1/17/02 for Richard Powers, for Gerald T. McQueen, for New York Convention ) amending [1−1] complaint against Plinio Acevedo, Hugo Albuja, Jose Alcantara, Miguel Asencio, Dina Boakye, Joe Brown, Johnny Brown, Jorge Cabrera, Jose del Pino, Gail Duarte, Elisa Fernandez, Silvio Garcia, Leslie Hawkins, Carmen Henao, Esperanza Laracuente, Celeste Lee, Esdras Madera, Jose Marte, Daniel Mendez, Elisa Mendez, (sn) (Entered: 01/08/2002)
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Jan. 4, 2002
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Jan. 4, 2002
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25
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DEMAND for jury trial by Kevin Aguilar, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Nolton Brown, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Canute Fraser, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Paillere Max, Millicent Miller, Danny Morales, Jacob Ofori−Atta, Natasha Perez, Darlene Perowue, Daniel Perrella, Andre Robertson, Marjorie Seide, Ulric Todman, Evangelinne Valentin, Keith Vann, Harold Vazquez, Harold Wright, Plinio Acevedo, Hugo Albuja, Jose Alcantara, Miguel Asencio, Dina Boakye, Joe Brown, Johnny Brown, Jorge Cabrera, Jose del Pino, Gail Duarte, Elisa Fernandez, Silvio Garcia, Leslie Hawkins, Carmen Henao, Esperanza Laracuente, Celeste Lee, Esdras Madera, Jose Marte, Daniel Mendez, Elisa Mendez, Mariana Mendoza, Mario Mero, Nubia Mero, Mariana Mestanza, Yolanda Monge, Michelle Moore, Eddison Moreira, Mario Orellana, Jose Perez, Afiah Pomaa, Esther Sanchez, Kerrielynne Spicer, Julio Teran, Leonel Toro, Angelo Valentin, Francia Vargas, Ramon Vigo, Ronald White. (sn) (Entered: 01/08/2002)
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Jan. 4, 2002
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Jan. 4, 2002
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26
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AFFIDAVIT OF SERVICE of amended complaint by hand upon Frederic L. Lieberan, Esq. and Richard A. Levin, Esq. on 1/4/02. (kw) (Entered: 01/10/2002)
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Jan. 8, 2002
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Jan. 8, 2002
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27
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RULE 1.9 CERTIFICATE filed by New York Convention . (yv) (Entered: 03/14/2002)
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March 12, 2002
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March 12, 2002
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28
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ANSWER to Complaint by New York Convention (Attorney Richard A. Levin from the Firm: Proskauer, Rose LLP) . (yv) (Entered: 03/14/2002)
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March 12, 2002
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March 12, 2002
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29
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NOTICE OF MOTION by Gerald T. McQueen, Richard Powers and Alexander Tomaczuk for an Order pursuant to FRCP 12(b)(6), dismissing the amended complaint and action against defendants McQueen, Powers, and Tomaczuk for failure to state a claim upon which relief can be granted . Return date 4/10/02. (yv) (Entered: 03/18/2002)
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March 13, 2002
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March 13, 2002
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30
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MEMORANDUM OF LAW by Gerald T. McQueen, Richard Powers and Alexander Tomaczuk in support of [29−1] motion for an Order pursuant to FRCP 12(b)(6), dismissing the amended complaint and action against defendants McQueen, Powers, and Tomaczuk for failure to state a claim upon which relief can be granted . (yv)
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March 13, 2002
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March 13, 2002
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32
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REPLY MEMORANDUM of LAW by Gerald T. McQueen, Richard Powers and Tomaczuk in further Support of [29−1] motion for an Order pursuant to FRCP 12(b)(6), dismissing the amended complaint and action against defendants McQueen, Powers, and Tomaczuk for failure to state a claim upon which relief can be granted. (djc) (Entered: 04/12/2002)
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April 9, 2002
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April 9, 2002
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33
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MEMORANDUM OPINION & ORDER #86906, denying [29−1] motion for an Order pursuant to FRCP 12(b)(6), dismissing the amended complaint and action against defendants McQueen, Powers, Tomaczuk for failure to state a claim upon which relief can be granted ( signed by Judge Constance B. Motley ); mailed. (cd) (Entered: 05/03/2002)
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May 2, 2002
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May 2, 2002
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34
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ORDER; the parties are ordered to appear for a pretrial conference at 11:00 AM on 6/5/02 in Courtroom 26−A, 500 Pearl St . ( signed by Judge Constance B. Motley ); Copies mailed. (sn) (Entered: 05/03/2002)
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May 2, 2002
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May 2, 2002
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35
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STIPULATION and ORDER; reset answer to complaint due for 5/31/02 for Richard Powers, for Gerald T. McQueen, for New York Convention . ( signed by Judge Constance B. Motley ) (jco) (Entered: 05/16/2002)
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May 16, 2002
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May 16, 2002
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36
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Pre−Trial SCHEDULING ORDER: the next pre−trial conference shall be held in Room 26A on 10/24/02 at 11:00 a.m., at which time all pending motions and all pre−trial discovery matters will be heard; Parties are to meet on or before 07/15/02 and exchange all documents, of any description, relevant to this case. Sanctions will be imposed for failure toe produce any relevant document; Thereafter, on 10/15/02, the parties are to meet and prepare a schedule of all depositions to be taken during the period November 11, 2002 to December 17, 2002; the plaintiffs will have until 08/06/02 to serve and file a second amended complaint alleging a class action brought by three or four named plaintiffs and joinning the claim of the three white plaintiffs Robinson v. Metro North 267 F.3d 1477.168 (2nd Cir. 2001) Answer due 10/7/02; ( signed by Judge Constance B. Motley ); Copies mailed. (djc) (Entered: 06/13/2002)
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June 6, 2002
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June 6, 2002
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37
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ORDER, Plaintiffs shall file a second amended complaint alleging a class action brought by four named plaintiffs on or before 7/22/02; Defendants shall answer plaintiffs' second amended complaint on or before 9/4/02; Plaintiffs shall move for partial class certification on or before 10/2/02; The briefing schedule with respect to plaintiffs' motion for partial class certification shall be governed by Local Rule 6.1(b). The Court will hear argument on any class certification issues at the next pretrial conference, which is hereby continued until 11/6/02 at 11:00 a.m., The parties shall complete initial document productions on or before 7/15/02; no depositions shall be scheduled, however, until after the Court rules on plaintiffs' motion for partial class certification . ( signed by Judge Constance B. Motley ); Copies mailed. (tp) Modified
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June 12, 2002
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June 12, 2002
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38
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SECOND AMENDED COMPLAINT by Kevin Aguilar, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Nolton Brown, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Canute Fraser, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Paillere Max, Millicent Miller, Danny Morales, Jacob Ofori−Atta, Natasha Perez, Darlene Perowue, Daniel Perrella, Andre Robertson, Marjorie Seide, Ulric Todman, Evangelinne Valentin, Keith Vann, Harold Vazquez, Harold Wright, Plinio Acevedo, Hugo Albuja, Jose Alcantara, Miguel Asencio, Dina Boakye, Joe Brown, Johnny Brown, Jorge Cabrera, Jose del Pino, Gail Duarte, Elisa Fernandez, Silvio Garcia, Leslie Hawkins, Carmen Henao, Esperanza Laracuente, Celeste Lee, Esdras Madera, Jose Marte, Daniel Mendez, Elisa Mendez, Mariana Mendoza, Mario Mero, Nubia Mero, Mariana Mestanza, Yolanda Monge, Michelle Moore, Eddison Moreira, Mario Orellana, Jose Perez, Afiah Pomaa, Esther Sanchez, Kerrielynne Spicer, Julio Teran, Leonel Toro, Angelo Valentin, Francia Vargas, Ramon Vigo, Ronald White (Answer due 8/1/02 for Richard Powers, for Gerald T. McQueen, for New York Convention ) (Government Answer due 8/1/02 for Richard Powers, for Gerald T. McQueen, for New York Convention ) amending [1−1] complaint against Alexander Tomaczuk. Summons issued. (sb) (Entered: 07/24/2002)
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July 22, 2002
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July 22, 2002
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39
|
ORDER, that defendant NYCCOC shall, in response to plaintiffs' Amended First Request, produce responsive, non−privileged information and/or documents were the sole basis for objecting to, or denying production of, such information and/or documents would otherwise be the protections, limitations and/or requirements of the PPPL as further set forth. All PPPL information produced by defendant NYCCOC shall be deemed "Confidential Information" as defined in the Confidentiality Stipulation, and be treated as such by the parties pursuant to the terms thereof.Any production by defendant NYCCOC of PPPL information in response to plaintiffs' Amended First Request pursuant to this Order shall not constitute a violation of the PPPL . ( signed by Judge Constance B. Motley ); Copies mailed. (tp) (Entered: 07/24/2002)
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July 23, 2002
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July 23, 2002
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40
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 6/5/02. (laq) (Entered: 08/05/2002)
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Aug. 2, 2002
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Aug. 2, 2002
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41
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STIPULATION and ORDER of CONFIDENTIALITY, regarding procedures to be followed that shall govern the handling of confidential materials . ( signed by Judge Constance B. Motley ) (tp) (Entered: 08/13/2002)
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Aug. 9, 2002
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Aug. 9, 2002
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43
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ANSWER by Gerald T. McQueen, Richard Powers, Alexander Tomaczuk to [38−1] second amended complaint. (Attorney Ivan B. Rubin). (sac) (Entered: 09/30/2002)
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Sept. 24, 2002
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Sept. 24, 2002
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45
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DEMAND for jury trial by Gerald T. McQueen, Richard Powers, Alexander Tomaczuk. (gf) (Entered: 10/01/2002)
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Sept. 25, 2002
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Sept. 25, 2002
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42
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ANSWER by New York Convention to [38−1] second amended complaint . (Attorney Richard A. Levin from the Firm: Proskauer, Rose, L.L.P.). (db) (Entered: 09/27/2002)
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Sept. 27, 2002
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Sept. 27, 2002
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44
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ORDER, plaintiffs motion for partial class certification by 10/21/02; defendant response to motion deadline 11/21/02; plaintiffs reply to response to motion deadline 12/12/02; next pretrial conference by 11:00 1/10/03 . ( signed by Judge Constance B. Motley ); (pl) (Entered: 10/01/2002)
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Sept. 27, 2002
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Sept. 27, 2002
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46
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NOTICE OF MOTION by David Cokely, Sean Hannah, Natasha Perez, Julio Teran to certify this action as a class action purs to Rule 23 of the FRCP ; Return Date not indicated. (dcmt received in night dep. on 10/21/02 at 10:25 p.m.); Attached is Affirmation of Neil Fraser in Support (djc) (Entered: 10/24/2002)
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Oct. 21, 2002
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Oct. 21, 2002
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48
|
ORDER, reset pretrial conference for 11:00 a.m. on 1/8/03 . ( signed by Judge Constance B. Motley ) (kg) (Entered: 11/01/2002)
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Oct. 31, 2002
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Oct. 31, 2002
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49
|
MEMORANDUM OF LAW by New York Convention in opposition to [46−1] motion to certify this action as a class action purs to Rule 23 of the FRCP. (rec'd in the night deposit box on 11/26/02 at 6:58 p.m.) (sac) (Entered: 12/02/2002)
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Nov. 26, 2002
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Nov. 26, 2002
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50
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AFFIDAVIT of Richard A. Levin by New York Convention in opposition to [46−1] motion to certify this action as a class action purs to Rule 23 of the FRCP. (rec'd in the night deposit box on 11/26/02 at 6:58 p.m.) (sac) (Entered: 12/02/2002)
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Nov. 26, 2002
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Nov. 26, 2002
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51
|
MEMORANDUM OF LAW by Gerald T. McQueen, Richard Powers, Alexander Tomaczuk in opposition to [46−1] motion to certify this action as a class action purs to Rule 23 of the FRCP. (sb) (Entered: 12/03/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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52
|
REPLY MEMORANDUM by David Cokely, Sean Hannah, Natasha Perez, Julio Teran re: [46−1] motion to certify this action as a class action purs to Rule 23 of the FRCP. Received in night deposit on 12/20/02 at 8:49 p.m. (jco) (Entered: 12/27/2002)
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Dec. 20, 2002
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Dec. 20, 2002
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53
|
AFFIRMATION of Neil Fraser in support of plaintiffs' reply memorandum of law in further support of [46−1] motion to certify this action as a class action purs to Rule 23 of the FRCP. (jco) (Entered: 12/27/2002)
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Dec. 20, 2002
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Dec. 20, 2002
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54
|
PRE−TRIAL SCHEDULE AND ORDER; after oral argument on plaintiffs' motion for class certification, the Court reserves decision; the trial will be bifurcated with liability being tried first . ( signed by Judge Constance B. Motley ) (kkc) (Entered: 01/14/2003)
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Jan. 8, 2003
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Jan. 8, 2003
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55
|
NOTICE OF MOTION by Dennis Crowley, Daniel Perrella for an order granting a preliminary injunction requiring dft NYCCOC to reinstate both said pltffs to their employment immediately . No Return Date indicated. Received in night deposit box on 2/13/03 at 8:46 p.m. (db) Modified on 02/19/2003 (Entered: 02/19/2003)
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Feb. 13, 2003
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Feb. 13, 2003
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56
|
MEMORANDUM OF LAW by Dennis Crowley, Daniel Perrella in support of [55−1] motion for an order granting a preliminary injunction requiring dft NYCCOC to reinstate both said pltffs to their employment immediately. Received in night deposit box on 2/13/03 at 8:46 p.m. (db) (Entered: 02/19/2003)
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Feb. 13, 2003
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Feb. 13, 2003
|
57
|
AFFIDAVIT of Dennis Crowley, Robert Iadorola, Domenick Kearney, James Lawrence, Daniel Perrella, Wayne Stanley and Frank Strock by Dennis Crowley, Robert Iadarola, Daniel Perrella in support of [55−1] motion for order granting a preliminary injunction requiring dft to reinstate both said pltffs to their employment immediately. Received in night deposit box on 2/13/03 at 8:46 p.m. (db) (Entered: 02/19/2003)
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Feb. 13, 2003
|
Feb. 13, 2003
|
58
|
Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of January 8, 2003. (dt) (Entered: 03/03/2003)
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March 3, 2003
|
March 3, 2003
|
59
|
MEMORANDUM OF LAW by New York Convention in opposition to [55−1] motion for an order granting a preliminary injunction requiring dft NYCCOC to reinstate both said pltffs to their employment immediately. (sac) (Entered: 03/19/2003)
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March 18, 2003
|
March 18, 2003
|
60
|
AFFIDAVIT of Richard A. Levin by New York Convention in opposition to [55−1] motion for an order granting a preliminary injunction requiring dft NYCCOC to reinstate both said pltffs to their employment immediately. (sac) (Entered: 03/19/2003)
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March 18, 2003
|
March 18, 2003
|
61
|
MEMORANDUM OPINION AND ORDER #88299, that for the reasons provided in section A, supra, Plaintiffs' [46−1] motion for Class Certification is denied without prejudice. Plaintiffs are granted leave to refile this motion as soon as they have gathered more evidence of commonality and typicality, either in the form of a statistical analysis or in the form of affidavits from a number of plaintiffs, or both . ( signed by Judge Constance B. Motley ). (tp) (Entered: 04/02/2003)
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April 2, 2003
|
April 2, 2003
|
62
|
ORDER, granting plaintiffs request for permission to withdraw without prejudice [55−1] motion for an order granting a preliminary injunction requiring dft NYCCOC to reinstate both said pltffs to their employment immediately , the conference scheduled for 4/11/03 is cancelled. The next pre−trial conference is hereby scheduled for Wednesday, 5/21/03 at 10:30 a.m. ( signed by Judge Constance B. Motley ); (yv) (Entered: 04/09/2003)
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April 9, 2003
|
April 9, 2003
|
63
|
ORDER: parties are further ordered to appear for a pretrial conference on 6/25/03 at 11:00 a.m. The conference will take place in Courtroom 26−A of the U.S. Courthouse, 500 Pearl St. ( signed by Judge Constance B. Motley ); (sac) (Entered: 04/18/2003)
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April 17, 2003
|
April 17, 2003
|
64
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MEMORANDUM OF LAW by Kevin Aguilar, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Nolton Brown, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Canute Fraser, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Paillere Max, Millicent Miller, Danny Morales, Jacob Ofori−Atta, Natasha Perez, Darlene Perowue, Daniel Perrella, Andre Robertson, Marjorie Seide, Ulric Todman, Evangelinne Valentin, Keith Vann, Harold Vazquez, Harold Wright, Plinio Acevedo, Hugo Albuja, Jose Alcantara, Miguel Asencio, Dina Boakye, Joe Brown, Johnny Brown, Jorge Cabrera, Jose del Pino, Gail Duarte, Elisa Fernandez, Silvio Garcia, Leslie Hawkins, Carmen Henao, Esperanza Laracuente, Celeste Lee, Esdras Madera, Jose Marte, Daniel Mendez, Elisa Mendez, Mariana Mendoza, Mario Mero, Nubia Mero, Mariana Mestanza, Yolanda Monge, Michelle Moore, Eddison Moreira, Mario Orellana, Jose Perez, Afiah Pomaa, Esther Sanchez, Kerrielynne Spicer, Julio Teran, Leonel Toro, Angelo Valentin, Francia Vargas, Ramon Vigo, Ronald White in opposition to joinder of unions . Received in night deposit box on 4/22/03 at 5:23 p.m. (yv) (Entered: 04/23/2003)
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April 22, 2003
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April 22, 2003
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65
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NOTICE OF MOTION by David Cokely, Natasha Perez, Julio Teran, Sean Hannah for an order, certifying class action, purs. to Rule 23 of the FRCP ; Return Date not indicated (sac) (Entered: 05/20/2003)
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May 16, 2003
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May 16, 2003
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66
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MEMORANDUM OF LAW by David Cokely, Natasha Perez, Julio Teran, Sean Hannah in support of [65−1] motion for an order, certifying class action, purs. to Rule 23 of the FRCP. (rec'd in the night deposit box on 5/16/03 at 11:58 p.m.) (sac) (Entered: 05/20/2003)
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May 16, 2003
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May 16, 2003
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67
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MEMORANDUM OF LAW by New York Convention in opposition to [65−1] motion for an order, certifying class action, purs. to Rule 23 of the FRCP. (tp) (Entered: 06/09/2003)
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June 5, 2003
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June 5, 2003
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68
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AFFIDAVIT of Richard A. Levin by New York Convention in opposition to [65−1] motion for an order, certifying class action, purs. to Rule 23 of the FRCP. (Received in night deposit box on 6/5/03, at 6:34 p.m.) (tp) (Entered: 06/09/2003)
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June 5, 2003
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June 5, 2003
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69
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AFFIDAVIT OF SERVICE of Memorandum in opposition as to Alexander Tomaczuk by mail on 6/5/03. (jco) (Entered: 06/11/2003)
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June 10, 2003
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June 10, 2003
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70
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ORDER, There is no need for the previously scheduled conference on 6/25/03. The court will set the next pre−trial conference date in its decision on plaintiffs' motion . ( signed by Judge Constance B. Motley ) (sb) (Entered: 06/16/2003)
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June 13, 2003
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June 13, 2003
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71
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REPLY MEMORANDUM by David Cokely, Natasha Perez et al re: [65−1] motion for an order, certifying class action, purs. to Rule 23 of the FRCP . (cd) (Entered: 06/18/2003)
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June 17, 2003
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June 17, 2003
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72
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AFFIDAVIT of Neil Fraser by David Cokely, Natasha Perez in support of [71−1] reply memorandum . (cd) (Entered: 06/18/2003)
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June 17, 2003
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June 17, 2003
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73
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MEMORANDUM OF LAW by Gerald T. McQueen, Richard Powers, Alexander Tomaczuk in opposition to [65−1] motion for an order, certifying class action, purs. to Rule 23 of the FRCP . (cd) (Entered: 06/20/2003)
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June 19, 2003
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June 19, 2003
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74
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AFFIDAVIT of Alexander Tomaczuk by Alexander Tomaczuk Re: [73−1] opposition memorandum . (cd) (Entered: 06/20/2003)
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June 19, 2003
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June 19, 2003
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75
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OPINION #90125; by Memorandum Opinion and Order, this Court denied plaintiffs' Motion for class certification without prejudice, on the ground that plaintiffshad failed to compile sufficient evidence for the court to undertake" a rigorous analysis" to determine whether "the pre−requisites ofRule 23(a) have been satisfied." The Court granted plaintiffs "leave to refile this motion as soon as they have gathered more evidence of commodnaility and typicality, either in the form of a statistical analysis, or in the form of affidavits from a number of plaintiffs, or both." Plaintiffs have renewed their motion, and defendants have once again filed papers in opposition. For the reasons stated in this Document, plaintiffs' motion is granted. (Signed by Judge Constance Baker Motley on 5/20/04) (sac, ) (Entered: 05/24/2004)
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May 21, 2004
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May 21, 2004
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76
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ORDER; that plaintiffs' motion for class certification is granted. That the class shall be comprised of all black and Hispanic persons who are or have been employeed as frieght handlers, carpenters or part−time housekeepers at this Javits Center from 7/1/95 to the present. This class is certified under Rule 23(b)(2) of the Federal Rules of Civil Procedure for the purpose of the liability stage of this litigation, with this certification to be reconsidered if the class is successful at that stage. That David Cokely, Natasha Perez, Sean Hannah and Julio Teran shall act as representatives of the class. That the parties are to appear for a scheduling conference on 6/15/04 at 11:00 A.M. The parties are to confer and submit for the Court's review a proposed pre−trial schedule, on or before 6/11/04. If the parties are unable to agree on such a schedule, each is to submit a proposed schedule on or before 6/11/04, accompanied by a letter not to exceed three single−spaced pages, laying out the merits of the proposed schedule. (Signed by Judge Constance Baker Motley on 5/20/04) (sac, ) (Entered: 05/24/2004)
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May 21, 2004
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May 21, 2004
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78
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ORDER: in response to plaintiffs' request for the names and home addresses of all members of the class as certified in the Court's Order entered 5/21/04, defendant NYCCOC shall produce to the non−privileged information and/ordocuments responsive to such request, where the sole basis for objecting to, or denying production of, such information and/or documents would otherwise be the protections, limitations and/or requirements of the PPPL as further set forth in said Order. (Signed by Judge Constance Baker Motley on 6/9/04) (db, ) (Entered: 06/16/2004)
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June 14, 2004
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June 14, 2004
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77
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SCHEDULING ORDER: Pursuant to Rule 16 conference held on 6/15/2004: Depositions to be taken during the period of 9/15/2004 through 12/15/2004. All document Discovery due by 9/15/2004. The case is hereby referred to Magistrate Judge Peck for supervision of discovery. The parties are directed to contact Judge Peck for the purposes of scheduling a status conference and for assistance with the discovery dispute outlined in the parties letter to the Court, as well as for the purpose of finalizing a class notice. (Signed by Judge Constance Baker Motley on 6/15/2004) (jsa, ) (Entered: 06/16/2004)
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June 15, 2004
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June 15, 2004
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CASE REFERRED to Magistrate Judge for Supervision of discovery. Referred to Magistrate Judge Andrew J. Peck. (jsa, ) (Entered: 06/16/2004)
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June 15, 2004
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June 15, 2004
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79
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ORDER, that a discovery conference is scheduled for 6/25/04, at 10:00 a.m. before the undersigned in Courtroom 20D (500 Pearl Street). (Signed by Judge Andrew J. Peck on 6/17/04) Copies Faxed By Chambers.(tp, ) (Entered: 06/21/2004)
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June 18, 2004
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June 18, 2004
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Set/Reset Hearings: Discovery Hearing set for 6/25/2004 at 10:00 AM before Magistrate Judge Andrew J. Peck. (tp, ) (Entered: 06/21/2004)
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June 18, 2004
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June 18, 2004
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Minute Entry for proceedings held before Judge Andrew J. Peck : Discovery Conference held on 6/25/2004. Status conference scheduled for 7/22/04 at 10:00 a.m. (db, ) (Entered: 06/28/2004)
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June 25, 2004
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June 25, 2004
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Set/Reset Hearings: Status Conference set for 7/22/2004 10:00 AM before Magistrate Judge Andrew J. Peck. (db, ) (Entered: 06/28/2004)
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June 25, 2004
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June 25, 2004
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80
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ORDER On June 25, 2004, a proposed class notice for use in the above− entitled matter was forwarded to this Court for final approval. Th proposed class notice having been approved by all parties and Chief Magistrate Judge Peck, and havingbeen reviewed by this Court, final approval is hereby granted. (Signed by Judge Constance Baker Motley on 6/30/2004) (jsa, ) (Entered: 07/07/2004)
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July 6, 2004
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July 6, 2004
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81
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TRANSCRIPT of proceedings held on 6/25/04 before Judge Andrew J. Peck.(dg, ) (Entered: 07/13/2004)
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July 13, 2004
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July 13, 2004
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82
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LETTER addressed to Richard Levin, Esq. from Douglas J. Hoffman dated 7/22/04; re: Plaintiffs' Preliminary List of Class Members to be called as witnesses. Document filed by David Cokely.(sac, ) (Entered: 07/26/2004)
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July 23, 2004
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July 23, 2004
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83
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TRANSCRIPT of proceedings held on 7/22/04 before Judge Andrew J. Peck.(pa, ) (Entered: 08/06/2004)
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Aug. 6, 2004
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Aug. 6, 2004
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Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 9/1/2004. Status Conference set for 10/8/2004 at 9:30 AM before Magistrate Judge Andrew J. Peck. (sac, ) (Entered: 09/07/2004)
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Sept. 1, 2004
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Sept. 1, 2004
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84
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TRANSCRIPT of proceedings held on 9/1/04 before Judge Andrew J. Peck.(dfe, ) (Entered: 09/14/2004)
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Sept. 14, 2004
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Sept. 14, 2004
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85
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TRANSCRIPT of proceedings held on 9/1/2004 before Judge Andrew J. Peck.(jp, ) (Entered: 09/14/2004)
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Sept. 14, 2004
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Sept. 14, 2004
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86
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AFFIDAVIT of Neil Fraserre: mailing of notice of pending class action lawsuit. (nite dep. box 9:44pm). Document filed by Plinio Acevedo, Kevin Aguilar, Hugo Albuja, Jose Alcantara, David Allbritton, Basil Allen, Dasul Andrews, Juan Arce, Swafiya Armistead, Miguel Asencio, Kevin Attong, Charles Ballard, Clara Ballard, Norman Bartley, Linford Blake, Dina Boakye, Joe Brown, Johnny Brown, Nolton Brown, Jorge Cabrera, James Carty, Kofi Cash, Jean Cedat, Isalyn Christian, David Cokely, Marion Coleman, Dennis Crowley, Anthony Dawson, Alvin Dixon, Gail Duarte, Elisa Fernandez, Canute Fraser, Silvio Garcia, Doreen Gay, Juanita Grant, Sean Hannah, Barry Harbison, Edward Hargrove, Arnold Harris, Leslie Hawkins, Carmen Henao, Waymond Howard, Renee Hughes, Robert Iadarola, Arvilla Insley, Fritz James, Barrington Kelly, Marcus Knights, Frank Kusi, Esperanza Laracuente, Celeste Lee, Esdras Madera, Jose Marte, Paillere Max, Daniel Mendez, Elisa Mendez, Mariana Mendoza, Mario Mero, Nubia Mero, Mariana Mestanza, Millicent Miller, Yolanda Monge, Michelle Moore, Danny Morales, Eddison Moreira, Jacob Ofori−Atta, Mario Orellana, Jose Perez, Natasha Perez, Darlene Perowue, Daniel Perrella, Afiah Pomaa, Andre Robertson, Esther Sanchez, Marjorie Seide, Kerrielynne Spicer, Julio Teran, Ulric Todman, Leonel Toro, Angelo Valentin, Evangelinne Valentin, Keith Vann, Francia Vargas, Harold Vazquez, Ramon Vigo, Ronald White, Harold Wright, Jose del Pino. (pa, ) (Entered: 10/14/2004)
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Oct. 7, 2004
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Oct. 7, 2004
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Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 10/8/2004. Status Conference set for 11/23/2004 at 10:00 AM before Magistrate Judge Andrew J. Peck. (pa, ) (Entered: 10/19/2004)
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Oct. 8, 2004
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Oct. 8, 2004
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87
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TRANSCRIPT of proceedings held on 10/08/04 before Judge Andrew J. Peck.(Simpson, Evon) (Entered: 10/21/2004)
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Oct. 21, 2004
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Oct. 21, 2004
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88
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Fredric Leffler dated 10/25/04 re: counsel for dft New York Convention Center Operating Corporation request the court's intervention in establishing a concrete schedule of depositions through 12/1/04. The deposition schedule on page 3 of this letter is approved and so ordered. Counsel can adjourn depo. dates by written stipulation withut need for court order, but absent such stipulation, the scheudule must be adhered to. (Signed by Judge Andrew J. Peck on 10/28/04) (dle, ) Copies faxed by chambers. Modified on 11/1/2004 (dle, ). (Entered: 11/01/2004)
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Oct. 28, 2004
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Oct. 28, 2004
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Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 11/23/2004. Discovery due by 2/28/2005. Expert disc. cutoff 5/30/05. Next status Conference set for 1/21/2005 at 09:30 AM before Magistrate Judge Andrew J. Peck. (kw, ) (Entered: 11/29/2004)
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Nov. 23, 2004
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Nov. 23, 2004
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89
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TRANSCRIPT of proceedings held on 11/23/04 before Judge Andrew J. Peck.(mo, ) (Entered: 12/01/2004)
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Dec. 1, 2004
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Dec. 1, 2004
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Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 1/21/2005. Fact disc. cutoff 4/8. Next status conf. scheduled for 2/28 at 10:30 a.m. (rw, ) (Entered: 03/21/2005)
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Jan. 21, 2005
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Jan. 21, 2005
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90
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TRANSCRIPT of proceedings held on 1/21/05 before Judge Andrew J. Peck. (kj, ) (Entered: 02/05/2005)
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Feb. 5, 2005
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Feb. 5, 2005
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Minute Entry for proceedings held before Judge Andrew J. Peck : Status Conference held on 2/28/2005. Discovery cutoff (fact & expert) 6/30/05. Next status conference set for 4/7/05 at 10:00 a.m. (db, ) (Entered: 03/03/2005)
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Feb. 28, 2005
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Feb. 28, 2005
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92
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ORDER that the Court approves the defts' draft letter (Ex.1 to Mr. Leffler's 3/4/05 letter), with the listed changes, as further set forth in this document. The Court denies plntfs' request that defts be ordered to send a letter to the Caucasian employees. (Signed by Judge Andrew J. Peck on 3/4/05) copies sent by chambers(cd, ) (Entered: 03/14/2005)
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March 10, 2005
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March 10, 2005
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