1
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CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 406970. (jco) (Entered: 05/25/2001)
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May 24, 2001
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May 24, 2001
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Magistrate Judge Michael H. Dolinger is so designated. (jco) (Entered: 05/25/2001)
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May 24, 2001
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May 24, 2001
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2
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AFFIDAVIT OF SERVICE of summons and complaint as to The City of N.Y. c/o of the Corporation Counsel of the City of New York on 5/24/01. Answer due on 6/13/01 for The City of N.Y. (kw) (Entered: 05/30/2001)
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May 25, 2001
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May 25, 2001
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4
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Memo−Endorsement on letter addressed to Judge Chin from Barbara B. Butler, dated 6/13/01; the defts' time to answer or move is extended to a date to be set at the conference. ( signed by Judge Denny Chin ); Copies mailed. (sac) (Entered: 06/15/2001)
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June 14, 2001
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June 14, 2001
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5
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AMENDED ANSWER to Complaint by The City of N.Y. (kw) (Entered: 07/02/2001)
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June 29, 2001
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June 29, 2001
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6
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ANSWER to Complaint by The City of N.Y. (Attorney Barbara B. Butler from the Firm: Michael D. Hess, Corp. Counsel). (sac) (Entered: 07/09/2001)
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July 3, 2001
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July 3, 2001
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7
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AMENDED COMPLAINT by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, and Carrie Anderson (Answer due 8/20/01 for The City of N.Y. and for Henry J. Stern ) amending [1−1] complaint. Jury trial demanded. (kw) Modified on 08/14/2001 (Entered: 08/14/2001)
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Aug. 6, 2001
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Aug. 6, 2001
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7
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DEMAND for jury trial by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, and Carrie Anderson. (kw) (Entered: 08/14/2001)
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Aug. 6, 2001
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Aug. 6, 2001
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8
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STIPULATION and ORDER; tht dft. The City of New York represents and agrees that it is the legal entity responsible for implementing and will implement any legal or equitable relief which may be order by the Court in this aciton, including without limitation any injunctive relief such as requested by plaintiffs in the complaint, in light of the stipulation in parargaph 1 above, The N.Y.C. Dept. of Parks and Recreation shall be dropped as a separate party defendant and removed as a party defendant from the caption of this action ; plaintiffs agree to serve and file an amended complaint with the new caption and defendants agree that this technical and procedural amendment shall not constitute plaintiffs' amendment as of course pursuant to Federal Rule 15(a) . ( signed by Judge Denny Chin ) (pl) (Entered: 08/15/2001)
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Aug. 14, 2001
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Aug. 14, 2001
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9
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ANSWER TO THE FIRST AMENDED COMPLAINT by Henry J. Stern, The City of N.Y. (Attorney Barbara B. Butler from the Firm: Michael D. Hess). (djc) (Entered: 08/16/2001)
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Aug. 15, 2001
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Aug. 15, 2001
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10
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ORDER, regarding the Court's decision on three discovery issues: (1) plaintiffs' request for the City's computerized databases for Parks Department employees; (2) the time frame for the production of documents and computer data; and (3) the terms of a confidentiality stipulation . ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 01/14/2002)
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Jan. 8, 2002
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Jan. 8, 2002
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11
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STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Materials" . ( signed by Judge Denny Chin ) (sn) (Entered: 01/15/2002)
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Jan. 14, 2002
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Jan. 14, 2002
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12
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Memo−Endorsement on letter addressed to Judge Chin from Amy F. Melican, dated 1/18/02; counsel writes to request that defendants' time to object to plaintiffs' request for fields from the Citywide Personnel System and DPR Seasonal System be extended to 2/15/02. The date for objections is extended until 2/7/02; the date for producing the data is extended until 30 calendar days after resolution of the objections . ( signed by Judge Denny Chin ); Copies mailed. (kkc) (Entered: 01/23/2002)
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Jan. 23, 2002
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Jan. 23, 2002
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13
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Memo−Endorsement on letter addressed to Judge Chin from Cynthia Rollings, dated 1/22/02. Re: plaintiffs write in response to defendants' 1/18/02 letter. My 1/22/02 Order stands. The new deadlines apply only to the Computer data in question. Document discovery shall otherwise proceed as scheduled . ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 01/30/2002)
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Jan. 25, 2002
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Jan. 25, 2002
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15
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Memo−Endorsement on letter addressed to Judge Chin from Amy F. Melican, dated 2/5/02; approving counsel for defts' request that defts' time to object to pltffs' request for fields from the Citywide Personnel System and DPR Seasonal Tracking System be extended to 2/11/02 ; and both parties' time to serve their responses and objections to interrogatories and document requests be extended to 2/21/02 . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 02/08/2002)
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Feb. 6, 2002
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Feb. 6, 2002
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14
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Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement; Referred to Magistrate Judge Michael H. Dolinger. ( signed by Judge Denny Chin ) (pl) (Entered: 02/08/2002)
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Feb. 7, 2002
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Feb. 7, 2002
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16
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ORDER; reset settlement conference for 2:30 p.m. on 3/7/02, in Courtroom 17D, 500 Pearl Street, NY, NY ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (djc) (Entered: 03/04/2002)
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Feb. 28, 2002
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Feb. 28, 2002
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17
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ORDER, plntfs are to identify to defts the computer fields for which they require more specific descriptions of the field's contents. This is to be done at the conclusion of the conference on 3/21/02. Defts are to provide the requested information by 3/26/02, as further set forth in this document ; set oral argument for 9:00 4/15/02, on those issues ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 03/27/2002)
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March 26, 2002
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March 26, 2002
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18
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Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge Dolinger for Gen. Pretrial/After Initial Case Management Conference held by District Judge. ( signed by Judge Denny Chin ) (kg) (Entered: 03/28/2002)
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March 27, 2002
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March 27, 2002
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19
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Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Barbara B. Butler, dated 4/9/02. Re: Counsel for defendants write to request an extension of time within which to respond to plaintiffs' letter motion regarding discovery and to respond to plaintiffs' 2nd Set of Interrogatories and Document Demands. Application granted . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) Modified on 04/15/2002 (Entered: 04/15/2002)
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April 10, 2002
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April 10, 2002
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20
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Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Jody L. Yetzer, dated 05/13/02; Application for extension of discovery matters granted. The schedules for briefing remaining deposition concerning document production and interrogatories is adjourned to the dates requested in this letter application; ( Plaintiffs to May 29; and defendants response to June 11 ; ( signed by Magistrate Judge Michael H. Dolinger ); mailed. (djc) (Entered: 05/17/2002)
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May 14, 2002
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May 14, 2002
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21
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ORDER, that the next day of defendant Henry J. Stern's deposition is to be conducted on 5/28/02. Defendants are to advise plaintiffs by 5/21/02 which of the following dates Lesley Webster will be made available for deposition: June 11, 18, 19, 20 or 21, 2002 ; Defendants are to serve their answers to plaintiffs' Third Set of Interrogatories by 5/22/02 ; All documents are to be produced by 5/23/02 ; The schedule for briefing any remaining document disputes remains as set by the 5/13/02 endorsed order . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 05/24/2002)
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May 22, 2002
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May 22, 2002
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22
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Memo−Endorsement on letter addressed to Judge Dolinger from Kit T. Wong, dated 6/4/02, granting deft's request for an extension of time to 6/11/02 for defts to respond to plntfs' 5/29/02 letter brief raising outstanding discovery issues. Plntfs' time to reply to defts' 6/11/02 submissions enlarged to 6/18/02 ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (cd) (Entered: 06/11/2002)
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June 7, 2002
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June 7, 2002
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23
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ORDER; reset oral argument with respect to counsels' unresolved discovery disputes has been scheduled in this action on 7/9/02 at 2:30 p.m., in Courtroom 17D . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (pl) (Entered: 06/26/2002)
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June 25, 2002
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June 25, 2002
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24
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STIPULATION and ORDER; that this action is consolidated with action #02 cv 4699(DC) for all purposes, including discovery and trial . ( signed by Judge Denny Chin ) (jp) (Entered: 07/16/2002)
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July 15, 2002
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July 15, 2002
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Consolidated Lead Case. (jp) (Entered: 07/16/2002)
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July 15, 2002
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July 15, 2002
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25
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ORDER; case nos. 01 cv 4437 and 02 cv 4699 have been consolidated for all purposes. Pltffs in 01 cv 4437 shall file an amended complaint to add Title VII claims by 7/18/02. Their class certification motion is due on 9/20/02. Defts shall file their opposition papers by 10/18/02, and pltff shall file their reply papers, if any, by 11/1/02. All discovery shall be completed by 12/6/02, and a pretrial conference will be held that day at 10:00 AM . ( signed by Judge Denny Chin ); Copies mailed. (sn) (Entered: 07/17/2002)
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July 15, 2002
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July 15, 2002
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26
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Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Jody Yetzer, dated 7/12/02; Granting counsel for the parties request for the Court to modify its prior orders with regard to filing papers relating to disputes within 40 hours to allow that 48 hour period to begin to run from the close of business on Tuesday. If any issues remain requiring Court intervention, pltffs will then, within 48 hours, submit a letter brief to the Court addressing those issues . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (jp) (Entered: 07/19/2002)
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July 16, 2002
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July 16, 2002
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27
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AFFIDAVIT OF SERVICE of Second Amended Class Action Complaint by hand delivery on 7/16/02 on behalf of defendants to Barbara Butler and/or Kit Wong, Assistant Corporation Counsel. (tp) (Entered: 07/22/2002)
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July 18, 2002
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July 18, 2002
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28
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ORDER, that a pre−trial conference has been scheduled in the above−captioned action on Tuesday, August 13, 2002 at 10:00 a.m., in Courtroom 17D, 500 Pearl Street . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (dle) (Entered: 07/26/2002)
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July 23, 2002
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July 23, 2002
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29
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Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Jody L. Yetzer, dated 7/233/02: Granting plaintiffs request for extension of time until 7/24/02 to reply to defendants' submission . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (tp) (Entered: 07/26/2002)
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July 25, 2002
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July 25, 2002
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30
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ORDER, plntfs having requested permission to intervene in 02 cv 4699, the application is hereby granted ( signed by Judge Denny Chin ); Copies mailed; also docketed in 01 cv 4699 (cd) (Entered: 07/29/2002)
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July 26, 2002
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July 26, 2002
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31
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SECOND AMENDED COMPLAINT by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson (Answer due 8/5/02 for NYC Dept. Parks, for The City of N.Y., for N.Y.C. Department, for Henry J. Stern ) (Government Answer due 8/5/02 for NYC Dept. Parks, for The City of N.Y., for N.Y.C. Department, for Henry J. Stern ) amending [1−1] complaint . Summons issued. (sb) (Entered: 07/31/2002)
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July 26, 2002
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July 26, 2002
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32
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Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Barbara Butler, dated 7/30/02. Re: defendants write regarding a discovery dispute. If the parties are unable to resolve this matter amongst themselves, it will be dealt with at the 8/13/02 scheduled conference . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed. (kw) Modified on 08/07/2002 (Entered: 08/07/2002)
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July 31, 2002
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July 31, 2002
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33
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INTERVENOR'S COMPLAINT by Robert Wright, Kathleen Walder, Henry Roman, Elezabeth Rogers, David Lee Ray, Odessa Portlette, Paula Loving, angelo Colon, Jacqueline Brown, and Carrie L. Anderson against The City of N.Y., NYC Dept. Parks . Summons issued. (dle) (Entered: 08/08/2002)
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Aug. 2, 2002
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Aug. 2, 2002
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34
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AFFIDAVIT OF SERVICE of intervenors complaint as to The City of N.Y., NYC Dept. Parks by U.S.Postal Service on 7/30/02 . Answer due on 8/19/02 for The City of N.Y., for NYC Dept. Parks . (dle) (Entered: 08/08/2002)
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Aug. 2, 2002
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Aug. 2, 2002
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35
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ANSWER by Henry J. Stern, The City of N.Y. to [33−1] intervenor complaint Firm of: Corporation Counsel by attorney Barbara B. Butler for intervenor−defendant The of N.Y. (db) (Entered: 08/26/2002)
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Aug. 21, 2002
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Aug. 21, 2002
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36
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of July 9, 2002. (jw) (Entered: 08/30/2002)
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Aug. 30, 2002
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Aug. 30, 2002
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37
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Memo−Endorsement on letter addressed to Judge Chin from Jody Yetzer/Lewis M. Steel, dated 9/10/02, Deadline for filing of plntfs' class certification motion by 11/1/02, response due by 12/6/02, reply due by 12/23/02; Fact Discovery cutoff 1/17/03 ( signed by Judge Denny Chin ); Copies mailed. (cd) Modified on 09/19/2002 (Entered: 09/18/2002)
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Sept. 17, 2002
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Sept. 17, 2002
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Deadline(s) updated: Response to motion deadline 12/6/02 ; Reply to response to motion deadline 12/23/02 (cd) (Entered: 09/19/2002)
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Sept. 17, 2002
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Sept. 17, 2002
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39
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Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Judy L. Yetzer, dated 11/04/02; Plaintiffs' class certification motion due 11/27/02; Defendants' Response to motion deadline due 1/10/03; Plaintiffs' Reply to response to motion deadline due 1/27/03 ; (signed by Magistrate Judge Michael H. Dolinger ); Copies faxed by Chambers; (djc) (Entered: 11/07/2002)
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Nov. 6, 2002
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Nov. 6, 2002
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40
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Memo−Endorsement on letter addressed to Judge Chin from Jody Yetzer and Lewis M. Steel, dated 11/6/02. Re: parties request an enlargement of the page limitation for the memorandum of law from 25 pages to 75 pages. Application granted but only to the extend as follows: Pl. br. − 50 pages.; def. br. − 50 pages; Reply br. − 25 pages . ( signed by Judge Denny Chin ); (kw) (Entered: 11/19/2002)
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Nov. 18, 2002
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Nov. 18, 2002
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41
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SEALED DOCUMENT placed in vault. (js) (Entered: 12/03/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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42
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NOTICE OF MOTION by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson for an order for class certification . No Return Date. (sb) (Entered: 12/04/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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43
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MEMORANDUM OF LAW by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification. Volume I of Deposition Testimony and Interview Statements and Volume II of Documentary Evidence attached. (sb) Modified on 12/04/2002 (Entered: 12/04/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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44
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JOINT AFFIDAVIT of Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification and supporting affidavits of present and former parks employees and union representative of parks employees. (sb) Modified on 12/04/2002 (Entered: 12/04/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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45
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DECLARATION OF COUNSEL of Cynthia Rollings and Lewis M. by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support of [42−1] motion for an order for class certification . (sb) (Entered: 12/04/2002)
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Nov. 27, 2002
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Nov. 27, 2002
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46
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 10/15/02. (dt) (Entered: 12/06/2002)
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Dec. 6, 2002
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Dec. 6, 2002
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47
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Memo−Endorsement on letter addressed to Judge Chin from A.U.S.A., dated 12/3/02. The plaintiffs request that the 12/6/02 pretrial conference be rescheduled for sometime in February 2003. The pretrial conference scheduled for 12/6/02 is adjourned until 2/21/03 at 11:00 a.m. If any party believes a conference before then to discuss settlement would be helpful, the court will schedule one. ( signed by Judge Denny Chin ) (sb) (Entered: 12/10/2002)
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Dec. 6, 2002
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Dec. 6, 2002
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48
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Memorandum to Docket Clerk:, for a conference held before Magistrate Judge Dolinger on 12/6/02 . (dle) (Entered: 12/12/2002)
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Dec. 6, 2002
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Dec. 6, 2002
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49
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Memo−Endorsement on letter addressed to Judge Chin from Barbara R. Butler, dated 12/19/02; Re: defendants respectfully sumti this letter appealing so much of Mag. Judge Dolinger's orders at the conference on 12/6/02 as set forth in this letter; upon renew of this letter, the Government's response dated 12/20/02, and the exhibits attached to both letters. Judge Dolinger's orders are affirmed in all respects . ( signed by Judge Denny Chin ); (pl) (Entered: 01/06/2003)
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Dec. 30, 2002
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Dec. 30, 2002
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50
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Memo−Endorsement on letter addressed to Magistrate Judge Dolinger from Kit T. Wong, dated 12/30/02; granting defts until Friday, 1/3/03 to respond to the letter to Your Honor dated 12/27/02. ( signed by Magistrate Judge Michael H. Dolinger ); (sac) (Entered: 01/09/2003)
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Jan. 6, 2003
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Jan. 6, 2003
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52
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MEMORANDUM AND ORDER; at a telephone conference conducted today, counsel for the class plaintiffs applied to the court for an order precluding the participation in this lawsuit on defendants' behalf of attorneys from the law firm Clifford Chance unless that firm, or at least its individual attorneys, filed a notice of appearance. The request is denied ; ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers; (djc) Modified on 01/16/2003 (Entered: 01/15/2003)
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Jan. 13, 2003
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Jan. 13, 2003
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53
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MEMORANDUM &ORDER, Plaintiffs' application to compel further discovery response from defendants is granted in its entirety. Supplemental production of the requested documents and information is to be completed in two weeks. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (sb) (Entered: 01/16/2003)
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Jan. 14, 2003
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Jan. 14, 2003
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54
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Letter filed by Henry J. Stern, The City of N.Y., NYC Dept. Parks, The City of N.Y., NYC Dept. Parks addressed to Magistrate Judge Dolinger from Kit T. Wong, dated 1/23/03, re: Counsel for defendants request a conference call between the Court and counsel for all parties. (tp) (Entered: 01/28/2003)
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Jan. 24, 2003
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Jan. 24, 2003
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55
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Letter filed by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Carrie Anderson, Jacqueline Brown, Walter Beach addressed to Magistrate Judge Dolinger from Jody L. Yetzer, dated 1/23/03, re: Counsel for plaintiffs' request that the City's objection to the deposition of Mr. Newfield be overruled. (tp) (Entered: 01/28/2003)
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Jan. 24, 2003
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Jan. 24, 2003
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56
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Letter filed by Henry J. Stern, The City of N.Y., NYC Dept. Parks, The City of N.Y., NYC Dept. Parks addressed to Magistrate Judge Dolinger from Kit. T. Wong, dated 1/23/03, re: That counsel for the defendants forward to the Court and all counsel a copy of Virgin Enters. v. American Longevity, 2001 U.S. Dist LEXIS 2315 (S.D.N.Y. 2001). (tp) (Entered: 01/28/2003)
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Jan. 24, 2003
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Jan. 24, 2003
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57
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 7/9/02. (yv) (Entered: 01/30/2003)
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Jan. 24, 2003
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Jan. 24, 2003
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58
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 12/6/02. (dt) (Entered: 02/03/2003)
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Feb. 3, 2003
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Feb. 3, 2003
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59
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 1/23/03. (jco) (Entered: 02/13/2003)
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Feb. 7, 2003
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Feb. 7, 2003
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61
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REPLY MEMORANDUM by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson re: [42−1] motion for an order for class certification . (cd) (Entered: 03/04/2003)
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Feb. 28, 2003
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Feb. 28, 2003
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62
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DECLARATION in further support, of Jody Lynn Yetzer by Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson in support Re: [42−1] motion for an order for class certification . (cd) (Entered: 03/04/2003)
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Feb. 28, 2003
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Feb. 28, 2003
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60
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of January 23, 2003. (dt) (Entered: 03/03/2003)
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March 3, 2003
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March 3, 2003
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63
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ORDER, Defendants appeal from Mag. Judge Dolinger's order dated 1/13/03. Judge Chin has reviewed the parties' letters. Judge Dolinger's order is affirmed in all respects. ( signed by Judge Denny Chin ); Copies faxed by Chambers. (sb) (Entered: 03/11/2003)
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March 10, 2003
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March 10, 2003
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65
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Memo−Endorsement on letter addressed to Mag. Judge Dolinger from Russell M. Yankwitt, dated 3/26/03. The Government requests that the Court order that the Government be allowed to schedule the seven hours of Commissioner Benepe's deposition for a date that is agreeable to all parties. Since the class plaintiffs will be deposing Mr. Benepe on 3/28/03, the U.S. may pursue its questioning of the witness at a later date, to be agreed to by the parties. ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (sb) Modified on 04/02/2003 (Entered: 04/02/2003)
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April 1, 2003
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April 1, 2003
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66
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Memo−Endorsement on letter addressed to Judge Dolinger from Ramon E. Reyes, Jr., dated 3/27/03. Granting US's request for an extension until 4/4/03 to file reply to his motion to compel the production of documents listed on defendants' privilege logs . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by chambers. (kw) (Entered: 04/02/2003)
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April 1, 2003
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April 1, 2003
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67
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ORDER; that upon plaintiffs' application, the deadline for serving their reply papers in support of their motion to compel is extended to 4/25/03 . ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed by chambers (pl) (Entered: 04/11/2003)
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April 9, 2003
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April 9, 2003
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68
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Memo−Endorsement on letter addressed to Judge Dolinger from Ramon E. Reyes, Jr., dated 4/23/03. counsel for the Government requests an indefinite extension to reply to defendants' 3/24/03 submission in opposition to the Government's motion to compel the production of non−privileged documents. Appliction for an "indefinite" extension denied. The parties are to pursue their efforts to resolve the privilege issues, and will be required, by 5/15/03 either to (a) complete their briefing or (b) report to the Court in writing the status of their efforts to resolve these issues, if those efforts are still ongoing . ( signed by Magistrate Judge Michael H. Dolinger ); (yv) (Entered: 04/25/2003)
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April 24, 2003
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April 24, 2003
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69
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ORDER, that if defendants intend to oppose the plaintiffs' revised application to compel production, which is embodied in a letter to the Court dated 5/30/03, they are to serve and file papers, including, where appropriate, affidavits, by no later than 7/3/03 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (tp) (Entered: 07/02/2003)
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June 30, 2003
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June 30, 2003
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70
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SUPPLEMENTAL STIPULATION and PROTECTIVE ORDER, regarding procedures to be followed that shall govern the handling of confidential materials . ( signed by Magistrate Judge Michael H. Dolinger ). Copies mailed by Chambers. (tp) (Entered: 07/02/2003)
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June 30, 2003
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June 30, 2003
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71
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ORDER; granting [42−1] motion for an order for class certification. Judge Chin holds that plaintiffs satisfy the criteria for class certification under Rule 23 and hence their motion for class certification is granted. Plaintiffs shall submit a proposed order on notice within 5 business days hereof. ( signed by Judge Denny Chin ); Copies picked up by Counsel of Record. (sb) (Entered: 07/09/2003)
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July 9, 2003
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July 9, 2003
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72
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ORDER; this action is certified as a class action pursuant to Rule 23(b)(2) of the F.R.C.P.; the class shall consist of all former and present African−American and Hispanic full−time employees of the Dept. of Parks and Recreation of the City of New York employed at any time since 5/24/98 . ( signed by Judge Denny Chin ); (pl) (Entered: 07/28/2003)
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July 25, 2003
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July 25, 2003
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73
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ORDER; that we direct that defendants produce the remaining documents at issue within seven days if they have not already been produced . ( signed by Magistrate Judge Michael H. Dolinger ); copies mailed by chambers (pl) Modified on 07/30/2003 (Entered: 07/30/2003)
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July 29, 2003
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July 29, 2003
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74
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Memo−Endorsement on letter addressed to Judge Dolinger from Barbara B. Butler, dated 8/19/03. Granting defendants' request for an extension until 8/28/03 to respond to the Court's letter dated 8/8/03. No further extension. Plaintiffs will have one week to reply . ( signed by Magistrate Judge Michael H. Dolinger ); (kw) (Entered: 09/03/2003)
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Aug. 29, 2003
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Aug. 29, 2003
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75
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Memo−Endorsement on letter addressed to Mag. Judge Doligner from Sherri R. Rosenberg; granting requests for extension of time to respond to Wright Plaintiffs' 8/25/03 Letter re: Attorney Client Privilege and Attorney Work Product Protections . ( signed by Magistrate Judge Michael H. Dolinger ); (pl) (Entered: 09/03/2003)
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Sept. 2, 2003
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Sept. 2, 2003
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77
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ORDER, in the absence of any justification for precluding the depositions of Messrs. Riley, Friedenberg, Ms. Daniels, and Ms. O'Keefe, the parties are to schedule and take them. If any of these witnesses is not subject to a notice of deposition without subpoena, the deposing party is to promptly arrange for service of a subpoena . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers on 10/20/03. (yv) (Entered: 10/22/2003)
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Oct. 20, 2003
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Oct. 20, 2003
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78
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Memo−Endorsement on letter addressed to Judge Chin from Myron Beldock and Lewis M. Steel, dated 10/10/03. Granting plaintiffs' request that the NAACP Legal Defense and Educational Fund, Inc. become co−counsel of record for the plaintiff class . signed by Judge Denny Chin ); Copies faxed by chambers. (kw) (Entered: 10/23/2003)
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Oct. 20, 2003
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Oct. 20, 2003
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79
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NOTICE of attorney appearance for Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Robert H. Stroup. (moc) (Entered: 11/05/2003)
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Nov. 3, 2003
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Nov. 3, 2003
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80
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NOTICE of attorney appearance for Robert Wright, Kathleen Walker, Henry Roman, Elizabeth Rogers, David Ray, Odessa Portlette, Paula Loving, Angelo Colon, Jacqueline Brown, Walter Beach, Carrie Anderson by Melissa S. Woods. (moc) (Entered: 11/05/2003)
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Nov. 3, 2003
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Nov. 3, 2003
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Transcript of record of proceedings before Magistrate Judge Michael H. Dolinger for the date(s) of 9/24/03.Original Filed in case#02cv4699, Doc.#14. (df) (Entered: 11/05/2003)
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Nov. 5, 2003
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Nov. 5, 2003
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81
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ORDER; By letter dated October 23, 2003, defendant requests that the Court redefine the class to exclude class members noticed to be deposed by plaintiffs who have decided they do not want to be included in the class. Plaintiffs oppose the request. The request for redefinition of the clss is denied with the caveats as stated in this Order ; ( signed by Judge Denny Chin ); Copies faxed by Chambers; (djc) (Entered: 11/12/2003)
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Nov. 10, 2003
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Nov. 10, 2003
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82
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ORDER, that a pretrial conference has been scheduled in this action on Friday 11/21/03 at 12:00 noon, at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, NY 10007 . ( signed by Magistrate Judge Michael H. Dolinger ); Copies mailed by Chambers. (tp) (Entered: 11/20/2003)
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Nov. 18, 2003
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Nov. 18, 2003
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83
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TRANSCRIPT of proceedings held on 10/21/03 before Judge Michael H. Dolinger.(jf, ) (Entered: 12/18/2003)
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Dec. 18, 2003
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Dec. 18, 2003
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84
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ENDORSED LETTER addressed to Magistrate Judge Dolinger from Sherri R. Rosenberg dated 12/22/03 re: Counsel requests that defendants have until 12/29/03 to respond to the letter dated 12/18/03 from counsel for Wright plaintiffs regarding discovery issues requiring court intervention. Application granted. (Signed by Judge Michael H. Dolinger on 12/22/03) (sb, ) (Entered: 01/15/2004)
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Dec. 30, 2003
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Dec. 30, 2003
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85
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MEMORANDUM ℴ The Court directs that plaintiffs' counsel advise defendants' attorneys in writing of the names and positions (if known) of any current employees of the Department whom they may wish to interview, as further set forth on this order. The Court directs taht plaintiffs' counsel refrain from seeking to elicit from any present or former Department employee any attorney−client communications, and (2) that defendants refrain from any suggestion or instruction to a Department employee who is to be interviewed by plaintiffs' representatives that the employee should not do so. Plaintiffs' counsel is to advise the employee that he or she is free to decline. (Signed by Judge Michael H. Dolinger on 12/24/03) Copies Mailed By Chambers.(sb, ) (Entered: 01/15/2004)
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Dec. 30, 2003
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Dec. 30, 2003
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86
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TRANSCRIPT of proceedings held on 1/7/04 before Judge Michael H. Dolinger.(pr, ) (Entered: 01/29/2004)
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Jan. 29, 2004
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Jan. 29, 2004
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87
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TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(cd, ) (Entered: 03/09/2004)
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March 4, 2004
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March 4, 2004
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88
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TRANSCRIPT of proceedings held on 1/7/04 before Judge Michael H. Dolinger.(tr, ) (Entered: 03/25/2004)
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March 25, 2004
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March 25, 2004
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89
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ORDER the application by plaintiffs for further examination of David Stark on topics other than those specified in the endorsed order dated 3/24/04 is denied. So Ordered. (Signed by Judge Michael H. Dolinger on 3/25/04) "Copies Mailed By Chambers".(jco, ) (Entered: 03/30/2004)
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March 29, 2004
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March 29, 2004
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90
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ENDORSED LETTER addressed to Judge Michael H. Dolinger from Kathleen M. Comfrey dated 3/24/04 re: Counsel for defendants writes in response to the U.S. 3/23/04 letter request to the Court for permission to continue the deposition of David Starks, a Parks Department employee, for a third day. Plaintiffs and the Government may take the depositions of Mr. Stark for one hour and Mr. Wong for two hours in the subject of the "Mangerial Posters". The court will not otherwise limit the subject−matter of these brief depositions. The parties are to schedule them promptly. (Signed by Judge Michael H. Dolinger on 3/24/04) "Copies Faxed By Chambers"(jco, ) (Entered: 03/31/2004)
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March 29, 2004
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March 29, 2004
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91
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ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Kathleen M. Comfrey dated 3/25/04 re: defendant requests the Court's permission to serve a set of contention interrogatories that may exceed the limit of 25 permitted by Rule 33(a) of the FRCP. Defendants may serve contention interrogatories on the same schedule as requested &Order. The Court declines to approve in advance the use of an unspecified number of interrogatories in excess of twenty five. (Signed by Judge Michael H. Dolinger on 3/29/04) (kw, ) Modified on 4/5/2004 (kg, ). (Entered: 04/02/2004)
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March 30, 2004
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March 30, 2004
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92
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TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 04/02/2004)
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April 2, 2004
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April 2, 2004
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93
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TRANSCRIPT of proceedings held on 2/24/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 04/02/2004)
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April 2, 2004
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April 2, 2004
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94
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ENDORSED LETTER addressed to Judge Michael H. Dolinger from Kathleen M. Comfrey dated 4/21/04 re: Counsel on behalf of all parties write to request that the Court approve certain modifications to the schedule for the sanction motions, responses to requests for admissions and contention interrogatories, and expert discovery as further set forth in this letter. The proposed modified pretrial schedule is adopted. (Signed by Judge Michael H. Dolinger on 4/22/04) Filed In Associated Cases: 1:01−cv−04437−DC−MHD,1:02−cv−04699−DC−MHD(jco, ) (Entered: 04/28/2004)
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April 27, 2004
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April 27, 2004
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95
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ENDORSED LETTER addressed to Mag. Judge Dolinger from Kathleen M. Comfrey dated 5/3/04 re: granting dft requests for a two day extension of time to serve their sanctions' motion. (Signed by Judge Michael H. Dolinger on 5/3/04) Copies mailed by chambers.(pl, ) (Entered: 05/05/2004)
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May 4, 2004
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May 4, 2004
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96
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MOTION for Sanctions. Document filed by Carrie Anderson, Walter Beach, Jacqueline Brown, Angelo Colon, Paula Loving, Odessa Portlette, David Ray, Elizabeth Rogers, Henry Roman, Kathleen Walker, Robert Wright. Affidavit of Vekker and Declaration of Yetzer attached. (jco, ) (Entered: 05/10/2004)
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May 7, 2004
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May 7, 2004
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97
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MEMORANDUM OF LAW in Support re: 96 MOTION for Sanctions. (jco, ) Appendix to class plaintiffs' motion sanctions attached. (Entered: 05/10/2004)
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May 7, 2004
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May 7, 2004
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98
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ORDER; upon the declaration of Lewis M. Steel and the consent of the parties it is Ordered that Lewis M. Steel is substituted for the law firm of Sttel Bellman Ritz and Clark, P.C. as one of the attorneys for the plaintiffs and the class they represent. (Signed by Judge Denny Chin on 5/11/04) copies faxed by chambers.(djc, ) (Entered: 05/14/2004 (copies faxed by chambers. (Entered: 05/14/2004)
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May 12, 2004
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May 12, 2004
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99
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TRANSCRIPT of proceedings held on 6/8/04 before Judge Michael H. Dolinger.(dfe, ) (Entered: 06/23/2004)
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June 23, 2004
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June 23, 2004
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100
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TRANSCRIPT of proceedings held on 6/8/04 at 4:00 p.m. before Judge Michael H. Dolinger.(ph, ) (Entered: 07/23/2004)
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July 7, 2004
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July 7, 2004
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