1
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COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 215138 (jl) (Entered: 05/06/1994)
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May 5, 1994
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May 5, 1994
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CASE REFERRED TO Judge McKenna (jl) (Entered: 05/06/1994)
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May 5, 1994
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May 5, 1994
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2
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Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge B. Lee. (rjm) (Entered: 05/18/1994)
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May 18, 1994
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May 18, 1994
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Case accepted as related to 93 Cv 0178. Notice of assignment to follow. (sc) (Entered: 05/19/1994)
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May 19, 1994
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May 19, 1994
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3
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Notice of asgmnt _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Judith P. Vladeck . (sc) (Entered: 05/19/1994)
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May 19, 1994
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May 19, 1994
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4
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Richard Simms on 08/30/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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5
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff Doris Jackson on 08/16/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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6
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff James Bunyar on 09/06/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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7
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Thomas Osborne on 09/20/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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8
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Gerald J. Conahan on 09/13/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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9
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Rule 9 certificate filed by N.Y. Telephone Co., Nynex Corporation (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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10
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ANSWER to Complaint by N.Y. Telephone Co., Nynex Corporation (Attorney William P. Perkins), ; by attorney William P. Perkins for defendant Nynex Corporation (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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11
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NOTICE by N.Y. Telephone Co., Nynex Corporation to take deposition of pltff, Jack Russek on 08/23/94; (kk) (Entered: 07/08/1994)
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July 6, 1994
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July 6, 1994
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12
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NOTICE OF MOTION by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. , Return date 4/11/95 (djc) (Entered: 02/24/1995)
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Feb. 17, 1995
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Feb. 17, 1995
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13
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MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of [12−1] motion for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. (djc) (Entered: 02/24/1995)
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Feb. 17, 1995
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Feb. 17, 1995
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15
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AFFIDAVIT of Richard J. Simms by Richard J. Simms Re: Attached Exhibits (ls) (Entered: 05/22/1995)
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May 15, 1995
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May 15, 1995
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16
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AFFIDAVIT in support of Julian R. Birnbaum by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: Pltffs' Motion to Notify the ADEA Class (ls) (Entered: 05/22/1995)
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May 15, 1995
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May 15, 1995
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17
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REPLY MEMORANDUM by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne IN SUPPORT OF their Motion To Notify The class (ls) (Entered: 05/22/1995)
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May 15, 1995
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May 15, 1995
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18
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AFFIDAVIT in support of Leonard N. Flamm by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of Re: [12−1] motion to circulate a Notice of Pendency. (ae) (Entered: 05/25/1995)
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May 16, 1995
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May 16, 1995
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19
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REPLY MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of re: [12−1] motion to circulate a Notice of Pendency. (ae) (Entered: 05/25/1995)
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May 16, 1995
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May 16, 1995
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AFFIDAVIT in opposition of Ronald M. Green by N.Y. Telephone Co., Nynex Corporation Re: Pltff's. motion for class certification. (Orig. doc. fld. in case no. 93 civ. 0178 (JGK)). (ls) (Entered: 05/25/1995)
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May 24, 1995
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May 24, 1995
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MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in opposition to pltff's. motion for class certification. (Orig. doc. fld. in case no. 93 Civ. 0178)). (ls) (Entered: 05/25/1995)
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May 24, 1995
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May 24, 1995
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AFFIDAVIT in support of Judith Stoikov by N.Y. Telephone Co., Nynex Corporation Re: [0−1] opposition memorandum. (Orig. doc. fld. in case no. 93 Civ. 0178 (JGK). (ls) (Entered: 05/25/1995)
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May 24, 1995
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May 24, 1995
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SUPPLEMENTAL MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in opposition to pltff's. motion for class Certification. (Orig. doc. fld. in case no. 93 civ. 0178 (JGK)). (ls) Modified on 05/25/1995 (Entered: 05/25/1995)
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May 24, 1995
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May 24, 1995
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Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/27/1995)
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June 26, 1995
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June 26, 1995
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Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/28/1995)
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June 26, 1995
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June 26, 1995
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21
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AFFIDAVIT of Judith P. Vladeck to inform the Court about an additional individual who has consented to join this action since February 17, 1995..... (djc) (Entered: 10/05/1995)
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Sept. 29, 1995
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Sept. 29, 1995
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20
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MEMORANDUM OPINION # 75501 granting [12−1] motion for an order directing defendants to provide the names, addresses and other identifying informaiton of all potential plaiintiff class members; authorizing notice to such individuals; permitting communication between plaintiffs' counsel and potential class membmers with respect to the notice; and for such other and further relief as this Court may deem just and proper. ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995)
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Oct. 2, 1995
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Oct. 2, 1995
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22
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ORDER, that the notice agreed upon by all parties is approved. Counsel for the pltffs are authorized to trasmit the notice to potential class members within 15 days in accordance with this Court's 9/22/95 Opinion. ( signed by Judge John G. Koeltl ); Copies mailed (lam) (Entered: 10/31/1995)
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Oct. 30, 1995
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Oct. 30, 1995
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24
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CERTIFICATE OF SERVICE that on 3/5/96, copies of four FMP Litigation consent forms and the Affdvt. of Carmen Zayas were servedd by hand on Ronald M. Green, Esq., Epstein, Becker &Green, 250 Park Ave., NY, NY 10177 and Leonard N. Flamm, Offices of Leonard N. Flamm, 880 Third Ave., NY, NY 10020 (ls) (Entered: 03/06/1996)
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March 5, 1996
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March 5, 1996
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26
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NOTICE OF MOTION by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne to certify as a class action purs. to FRCP 23. Return date 1/17/97 (kg) (Entered: 01/13/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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27
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AFFIDAVIT in support of Ronald G. Dunn by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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28
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AFFIDAVIT in support of Gitta Freed by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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29
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MEMORANDUM OF LAW by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne in support of [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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30
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AFFIDAVIT in support of Judith P. Vladeck by Doris Jackson, Jack Russek, Richard J. Simms, James M. Bunyar, Gerald J. Conahan, Thomas Osborne Re: [26−1] motion to certify as a class action purs. to FRCP 23. (kg) (Entered: 01/13/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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31
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Certificate of service of the Notice of Motion; Pltffs' Memorandum of Law in Support of Class Certification; the Affidavit of Judith P. Vladeck; the affidavit of Gitta Freed; the affidavit of Ronald G. Dunn; and the affidavit of Janice Fanning Madden by hand on Ronald M. Green, Esq. on 1/10/97. (kg) (Entered: 01/14/1997)
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Jan. 10, 1997
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Jan. 10, 1997
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34
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NOTICE OF MOTION by plaintiffs for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97 (pl) (Entered: 01/21/1997)
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Jan. 16, 1997
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Jan. 16, 1997
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35
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MEMORANDUM by plaintiffs' in support of [34−1] motion for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97 (pl) (Entered: 01/21/1997)
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Jan. 16, 1997
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Jan. 16, 1997
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42
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CONFIDENTIAL − Settlement, Release, Covenant Not To Sue, Waiver and Non−Disclosure Agreement. (orig. filed in 93 Cv 178 (JGK) in error). (rag) (Entered: 04/10/1997)
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Jan. 16, 1997
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Jan. 16, 1997
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32
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AFFIDAVIT in support of Matthew T. Miklave by N.Y. Telephone Co., Nynex Corporation of Proposed Settlement Agreement in full Settlement of Civil Action. (Also docketed in 93 civ. 178) (kw) Modified on 01/21/1997 (Entered: 01/21/1997)
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Jan. 17, 1997
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Jan. 17, 1997
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33
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MEMORANDUM by N.Y. Telephone Co., Nynex Corporation in support of Defendants' Request for Court Approval of a Proposed Settlement Agreement in full Settlement of Civil Action. (Also docketed in 93 civ. 178) (kw) (Entered: 01/21/1997)
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Jan. 17, 1997
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Jan. 17, 1997
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36
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STIPULATION and ORDER, to amend the action by adding plntf, Elizabeth Cole ( signed by Judge John G. Koeltl ). (cd) (Entered: 01/22/1997)
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Jan. 22, 1997
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Jan. 22, 1997
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37
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ORDER APPROVING SETTLEMENT ..ORDERED, that the proposed settlement is approved.; ORDERED, that plaintiffs eligible for participation under the agreement have waived any and all rights to continue to prosecute, or to initiate or commence any lawsuits, charges, complaints or claims arising out of the Released claims. Claims of discrimination or retaliation which arise after the date of this Order are unaffected by this waiver provision; ORDERED, that any person who has failed to file objections in the manner provided for, has waived all objections and shall be barred from raising any such objections in this or any other proceeding respecting the settlement; ORDERED, that this Court retains jurisdiction over the settlement of this case and may enter additional orders to effectuate the fair and orderly administration of the settlement as may from time to time be appropriate. SO ORDERED. (signed by Judge John G. Koeltl ); Copies mailed (djc) (Entered:
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Jan. 28, 1997
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Jan. 28, 1997
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38
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Exhibit D. To Settlemetn, Release, Covenant Not To Sue, Waiver and Non−Disclosure Agreement by Doris Jackson, Jack Russek, Richard J. Simms, James Bunyar, Gerald Conahan and Thomas Osborne, on behalf of themselves and all others similarly situated (ls) (Entered: 02/19/1997)
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Feb. 14, 1997
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Feb. 14, 1997
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39
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STIPULATION and ORDER, The Settlement, Release, Covenant Not to Sue, Waiver and Non−Disclosure Agreement approved by the Court on 1/24/97, is amended as follows: 1) under 11.b. on page 3, delete "(1) Arthur Smith ("Smith") is receiving a disability pension'; 2) Under 1.b. (4), delete "Violiotti ("Violiotti")" and insert "Vigliotti ("Vigliotti")...(see doc. for further details.. ....So Ordered.....( signed by Judge John G. Koeltl ). (pl) (Entered: 03/18/1997)
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March 17, 1997
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March 17, 1997
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40
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STIPULATION AND ORDER of dismissal with prejudice pursuant to the term of the settlement. The District Court shall retain jurisdiction with respect to disputes under the Agreement. ( signed by Judge John G. Koeltl ) (Also docketed in 93 civ. 178) (kw) (Entered: 03/18/1997)
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March 17, 1997
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March 17, 1997
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41
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Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement...Redaction Dispute ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Douglas F. Eaton (kg) (Entered: 03/25/1997)
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March 24, 1997
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March 24, 1997
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43
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MEMORANDUM ORDER, I have reviewed Ms. Raskin's 2/26/97 letter and Mr. Miklave's 3/25/97 letter (incl. the transcripts of the 1/24/97 and 3/7/97 proceedings before Judge Koeltl). I direct that both of these letters be fld. under seal. , I have also reviewed Ms. Raskin's 3/18/97 letter, which requests me to hold a conference on this redaction dispute. I find that a conference is unnecessary , I am sending Ms. Raskin and Mr. Miklave a copy of the first five pages of settlement agreement, w/ my instructions in red ink showing the redactions that must be made before the settlement agreement may be fld. ...SO ORDERED... ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (ls) Modified on 04/14/1997 (Entered: 04/14/1997)
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April 14, 1997
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April 14, 1997
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44
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JUDGMENT − THIS CASE HAVING BEEN SETTLED IN ACCORDANCE WITH THE STIPULATION AND ORDER DATED MARCH 18, 1997, THIS ACTION IS HEREBY DISMISSED WITH PREJUDICE; (signed by Judge John G. Koeltl); eod − 04/22/97; Mailed copies and notice of right to appeal. (djc) (Entered: 04/22/1997)
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April 18, 1997
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April 18, 1997
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45
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ORDER, this Court shall retain jurisdiction over any dispute or litigation arising out of the Settlement Agreements in the Jackson and Hammill actions. Thus, if plaintiffs wish to elect the 6 &6, they must sign its release. ( signed by Judge John G. Koeltl ); Copies mailed (ae) (Entered: 07/21/1997)
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July 18, 1997
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July 18, 1997
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46
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ORDER sealing the Jackson settlement agreement and placing a redacted version in the public file ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (af) (Entered: 07/23/1997)
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July 23, 1997
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July 23, 1997
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