36
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MEMORANDUM OPINION AND ORDER #94803; that plaintiffs' motion to file an amended complaint is granted in all respects. Plaintiffs are directed to serve and file their amended complaint within ten days of the date of this order. (Signed by Judge Henry B. Pitman on 6/17/07) (dle) Modified on 6/20/2007 (Martin, Leslie).
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June 18, 2007
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June 18, 2007
RECAP
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93
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REVISED SCHEDULING ORDER: Plaintiffs' Motion to Amended the Complaint, March 17, 2009. Defendants' Opposition to Motion to Amended the Complaint March 31, 2009. Plaintiffs' Reply to Motion to Amend the Complaint April 7, 2009. Plaintiffs' Opposition to Motions to Exclude Expert Witnesses 4/16/2009. Plaintiffs' Reply on Class Certification 3/30/2009. Defendants' Sur-Reply on Class Certification, NONE TO BE FILED UNLESS ORDERED BY THE COURT. Defendants' Reply on Motion to Exclude Expert Witnesses 5/7/09. After the Court's decision on class certification, all non-expert witness discovery within 90 days after the Court's ruling on class certification. After close of witness discovery, court conference to discuss further proceedings TBD. Counsel should not have schedule trips that conflicted with the schedule set in the 2/13/09 order. To the extent there is burden resulting from the motion to amend, that is a burden of plaintiffs' own making. (Signed by Magistrate Judge Henry B. Pitman on 3/19/2009) (rw) (Entered: 03/23/2009)
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March 20, 2009
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March 20, 2009
PACER
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94
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REPLY MEMORANDUM OF LAW in Support re: 69 MOTION to Certify Class.. Document filed by Susan Duling, Margaret Anderson. (Greene, Cara) (Entered: 03/30/2009)
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March 30, 2009
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March 30, 2009
PACER
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95
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DECLARATION of Cara E. Greene in Support re: 69 MOTION to Certify Class.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Errata 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Greene, Cara) (Entered: 03/30/2009)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit 3
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5 Exhibit 4
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6 Errata 5
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7 Exhibit 6
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8 Exhibit 7
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9 Exhibit 8
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10 Exhibit 9
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11 Exhibit 10
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12 Exhibit 11
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13 Exhibit 12
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14 Exhibit 13
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15 Exhibit 14
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16 Exhibit 15
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March 30, 2009
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March 30, 2009
PACER
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96
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MEMORANDUM OF LAW in Opposition re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 03/31/2009)
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March 31, 2009
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March 31, 2009
PACER
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97
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CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Motion for Leave to Amend the Amended Complaint served on Plaintiffs on March 31, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 03/31/2009)
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March 31, 2009
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March 31, 2009
PACER
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98
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REPLY MEMORANDUM OF LAW in Support re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Susan Duling, Margaret Anderson. (Greene, Cara) (Entered: 04/07/2009)
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April 7, 2009
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April 7, 2009
PACER
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99
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DECLARATION of Cara E. Greene in Support re: 91 MOTION to Amend/Correct the First Amended Complaint.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 2, # 2 Exhibit 1, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Greene, Cara) (Entered: 04/07/2009)
2 Exhibit 2
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3 Exhibit 1
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4 Exhibit 3
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5 Exhibit 4
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6 Exhibit 5
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April 7, 2009
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April 7, 2009
PACER
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100
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NOTICE OF APPEARANCE by Rachel Megan Bien on behalf of Susan Duling, Margaret Anderson (Bien, Rachel) (Entered: 04/16/2009)
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April 16, 2009
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April 16, 2009
PACER
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101
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MEMORANDUM OF LAW in Opposition re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Susan Duling, Margaret Anderson. (Bien, Rachel) (Entered: 04/16/2009)
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April 16, 2009
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April 16, 2009
PACER
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102
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MEMORANDUM OF LAW in Opposition re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Susan Duling, Margaret Anderson. (Bien, Rachel) (Entered: 04/16/2009)
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April 16, 2009
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April 16, 2009
PACER
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103
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DECLARATION of Rachel M. Bien in Opposition re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford)., 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bien, Rachel) (Entered: 04/16/2009)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit 3
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5 Exhibit 4
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April 16, 2009
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April 16, 2009
PACER
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104
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REPLY MEMORANDUM OF LAW in Support re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)
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May 7, 2009
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May 7, 2009
PACER
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105
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DECLARATION of Michael J. Puma in Support re: 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Exhibit J (Portions of Dr. Bielby's Deposition Cited In Reply Brief), # 2 Exhibit K (Article Regarding Statisticians' Use Of Samples))(Puma, Michael) (Entered: 05/07/2009)
2 Exhibit J (Portions of Dr. Bielby's Deposition Cited In Reply Brief)
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3 Exhibit K (Article Regarding Statisticians' Use Of Samples)
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May 7, 2009
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May 7, 2009
PACER
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106
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CERTIFICATE OF SERVICE of Reply Brief and supporting Declaration (and Exhibits thereto) served on Plaintiffs on May 7, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)
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May 7, 2009
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May 7, 2009
PACER
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107
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REPLY MEMORANDUM OF LAW in Support re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)
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May 7, 2009
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May 7, 2009
PACER
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108
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DECLARATION of Michael J. Puma in Support re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford).. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Exhibit L (Portions of Dr. Crawford's Deposition Cited In Reply Brief), # 2 Exhibit M (Portions of Michael McCormick's Deposition Cited In Reply Brief), # 3 Exhibit N (Article Regarding Statisticians' Use Of Samples), # 4 Exhibit O (Portion of Dr. Bielby's Deposition Cited In Reply Brief))(Puma, Michael) (Entered: 05/07/2009)
2 Exhibit L (Portions of Dr. Crawford's Deposition Cited In Reply Brief)
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3 Exhibit M (Portions of Michael McCormick's Deposition Cited In Reply Brief)
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4 Exhibit N (Article Regarding Statisticians' Use Of Samples)
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5 Exhibit O (Portion of Dr. Bielby's Deposition Cited In Reply Brief)
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May 7, 2009
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May 7, 2009
PACER
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109
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CERTIFICATE OF SERVICE of Reply Brief and supporting Declaration (and exhibits thereto) served on Plaintiffs on May 7, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/07/2009)
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May 7, 2009
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May 7, 2009
PACER
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110
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MOTION for Protective Order. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc..(Puma, Michael) (Entered: 05/08/2009)
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May 8, 2009
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May 8, 2009
PACER
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111
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MEMORANDUM OF LAW in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)
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May 8, 2009
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May 8, 2009
PACER
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112
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DECLARATION of Michael J. Puma in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)
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May 8, 2009
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May 8, 2009
PACER
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113
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CERTIFICATE OF SERVICE of Motion for Protective Order, supporting Memorandum of Law, supporting Declaration of Michael Puma (and Exhibits A-I thereto) served on Plaintiffs on May 8, 2009. Service was made by Mail. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 05/08/2009)
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May 8, 2009
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May 8, 2009
PACER
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114
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MEMORANDUM OF LAW in Opposition re: 110 MOTION for Protective Order.. Document filed by Susan Duling, Margaret Anderson. (Steel, Lewis) (Entered: 05/22/2009)
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May 22, 2009
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May 22, 2009
PACER
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115
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DECLARATION of Lewis M. Steel in Opposition re: 110 MOTION for Protective Order.. Document filed by Susan Duling, Margaret Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Steel, Lewis) (Entered: 05/22/2009)
2 Exhibit 1
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3 Exhibit 2
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4 Exhibit 3
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5 Exhibit 4
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6 Exhibit 5
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7 Exhibit 6
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8 Exhibit 7
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9 Exhibit 8
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10 Exhibit 9
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May 22, 2009
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May 22, 2009
PACER
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116
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CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Protective Order and the Declaration of Lewis M. Steel in Opposition to Defendants' Motion for Protective Order served on Kevin J. Nash and Michael J. Puma on May 22, 2009. Service was made by FedEx. Document filed by Susan Duling, Margaret Anderson. (Steel, Lewis) (Entered: 05/22/2009)
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May 22, 2009
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May 22, 2009
PACER
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117
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REPLY MEMORANDUM OF LAW in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Attachments: # 1 Certificate of Service)(Puma, Michael) (Entered: 06/01/2009)
2 Certificate of Service
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June 1, 2009
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June 1, 2009
PACER
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118
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DECLARATION of Michael J. Puma in Support re: 110 MOTION for Protective Order.. Document filed by Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc.. (Puma, Michael) (Entered: 06/01/2009)
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June 1, 2009
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June 1, 2009
PACER
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119
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OPINION AND ORDER. #98439 Accordingly, for all the foregoing reasons, plaintiffs' motion for leave to file an amended complaint (Doc. No. 91 filed 3/17/09) is granted, and as further set forth. (Signed by Magistrate Judge Henry B. Pitman on 1/8/10) (rjm) Modified on 1/11/2010 (ajc). (Entered: 01/08/2010)
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Jan. 8, 2010
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Jan. 8, 2010
RECAP
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120
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SECOND AMENDED COMPLAINT amending 38 Amended Complaint, against Gristede's Operating Corp., Red Apple Group, Inc., Gristede's Foods, Inc., Gristede's Delivery Service, Inc., Gristede's Foods NY, Inc., Gristede's NY, LLC, Namdor, Inc., John Catsimatidis.Document filed by Susan Duling, Lakeya Sewer, Margaret Anderson. Related document: 38 Amended Complaint, filed by Susan Duling, Margaret Anderson. (Attachments: # 1 affidavit of service)(ama) (Entered: 01/21/2010)
2 affidavit of service
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Jan. 19, 2010
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Jan. 19, 2010
RECAP
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127
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OPINION AND ORDER, # 98638 that for the foregoing reasons set forth in this Order, the Court denies Defendants' motions to strike the expert reports of William T. Bielby and David L. Crawford, and grants Plaintiffs' motion to certify, pursu ant to Fed. R. Civ. P. 23(b)(2), a class consisting of "all current and former female Gristede's employees who worked for Gristede's at any time between November 2, 2004 and the date of final judgment in this matter" with respect to Plaintiffs' claims for injunctive and declaratory relief based on Defendants' alleged systemic pattern or practice intentional discrimination, and the allegedly disparate impact of Defendants' hiring, promotion and compensation poli cies. Plaintiffs' motion for class certification is denied without prejudice in all other respects. The parties are directed to proceed in accordance with Judge Pitman's Order of March 19,2009. (Docket entry no. 93.) This Opinion and Order resolves docket entry nos. 69, 77, and 82. re: 77 MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). MOTION to Strike Document No. [72 (Exh. 29)] (Proposed Expert Report of David L. Crawford). filed by Red Apple Group, Inc., Gristede's Operating Corp., Gristede's Foods NY, Inc., Gristede's Delivery Service, Inc., Gristede's Foods, Inc., Gristede's NY, LLC, Namdor, Inc., 69 MOTION to Certify Class. filed by Sus an Duling, Margaret Anderson, 82 MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). MOTION to Strike Document No. [72 (Exh. 28)] (Expert Report of William T. Bielby). filed by Red Apple Group, Inc., Gr istede's Operating Corp., Gristede's Foods NY, Inc., Gristede's Delivery Service, Inc., Gristede's Foods, Inc., Gristede's NY, LLC, Namdor, Inc.. (Signed by Judge Laura Taylor Swain on 3/8/10) (pl) Modified on 3/9/2010 (ajc).
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March 8, 2010
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March 8, 2010
RECAP
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128
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OPINION AND ORDER #98762 that for the reasons set forth herein defendants' motion is granted. The specific provisions of the Protective Order are outlines as further set forth herein. Defendants are directed to produce any personnel files they have not yet produced from the three largest stores going back to 1999 within fifteen days of the date of this Opinion and Order. (Signed by Magistrate Judge Henry B. Pitman on 3/30/10) Copies sent by chambers.(dle) Modified on 3/31/2010 (ajc).
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March 30, 2010
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March 30, 2010
RECAP
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