1
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COMPLAINT against Comprehensive Benenits Consultants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) (Entered: 07/23/2004)
2 Civil Cover Sheet
View on PACER
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July 21, 2004
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July 21, 2004
PACER
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2
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Case set to ECF status. All civil actions before this Judge are ECF matters. It is MANDATORY that you file all original documents electronically. Please refer to the Judge's Individual Rules. From this point forward, original documents are REQUIRED to be filed electronically and forward a hard copy, labeled courtesy copy, to chambers. The Judges' Individual Rules of Chambers and further information on ECF may be found at the website for the Eastern District of New York at www.nyed.uscourts.gov. (Duong, Susan) (Entered: 07/23/2004)
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July 21, 2004
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July 21, 2004
PACER
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4
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ANSWER to Complaint filed by Comprehensive Benenits Consultants.(Montero, Edher) (Entered: 08/04/2004)
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July 29, 2004
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July 29, 2004
PACER
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3
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ORDER setting initial conference for 8/27/04 at 11:30 a.m. Signed by Judge James Orenstein on 8/2/04. CM to defendant(Branciforte, Ralph) (Entered: 08/02/2004)
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Aug. 2, 2004
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Aug. 2, 2004
PACER
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5
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WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity. Comprehensive Benenits Consultants waiver sent on 7/24/2004, answer due 9/22/2004. (Montero, Edher) (Entered: 08/16/2004)
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Aug. 4, 2004
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Aug. 4, 2004
PACER
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11
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WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. (Montero, Edher) (Entered: 09/02/2004)
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Aug. 4, 2004
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Aug. 4, 2004
PACER
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6
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WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Comprehensive Benenits Consultants waiver sent on 7/22/2004, answer due 9/20/2004. (Montero, Edher) (Entered: 08/24/2004)
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Aug. 4, 2004
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Aug. 4, 2004
PACER
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7
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REPORT of Rule 26(f) Planning Meeting. (Roberts, Monique) (Entered: 08/26/2004)
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Aug. 26, 2004
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Aug. 26, 2004
PACER
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8
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Minute Entry for proceedings held before James Orenstein : Initial Conference Hearing held on 8/27/2004. The next status conference will be held on November 22, 2004, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: The case will be referred to mediation with the consent of the parties. Counsel are directed to contact the undersigned at the earlier of the conclusion of the mediation process or three business days before the next scheduled conference as to whether the conference should be re-scheduled. A discovery plan and other deadlines will be set at the next conference. (Orenstein, James) (Entered: 08/27/2004)
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Aug. 27, 2004
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Aug. 27, 2004
PACER
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9
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ORDER REFERRING CASE to Mediation. Signed by Judge James Orenstein on August 27, 2004. (Orenstein, James) (Entered: 08/27/2004)
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Aug. 27, 2004
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Aug. 27, 2004
PACER
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10
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MEDIATION INSTRUCTIONS sent to Counsel. Letter of Instructions document attached. COUNSELS are to schedule the mediation and confirm in writing by 09/14/2004 to Gerald P. Lepp, ADR Administrator, the name of the mediator and the date of the first mediation session. Counsels are to confer with each other and to speak with the Mediator in selecting a Mediator and the Mediation session date(s). See the attached instructions. See the web pages: http://www.nyed.uscourts.gov/adr/ http://www.nyed.circ2.dcn/dadr/ Register for ECF if you have not yet done so. Thank you. See: http://www.nyed.uscourts.gov/CM_ECF/ECF_FAQ/ecf_faq.html(Lepp, Gerald)(dc) (Entered: 08/30/2004)
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Aug. 30, 2004
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Aug. 30, 2004
PACER
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12
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Selection of Mediator. Robert Lewis has been selected.(Lepp, Gerald)(dc) (Entered: 09/15/2004)
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Sept. 15, 2004
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Sept. 15, 2004
PACER
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13
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Selection of MEDIATOR. Robert Lewis, Esq. has been selected as Mediator. The first mediation session is scheduled for 11/10/2004 at 10:30 a.m. at the Eastern District of New York Courthouse in CENTRAL ISLIP. COUNSELS must file with the Mediator: 1) immediately, their client's Complaint or Answer together with their respective client's Automatic Disclosure Statements; and 2) by 11/03/2004 their client's mediation statement outlining facts, legal issues, prior settlement discussions, and the name and title of the client representative with settlement authority who will attend the mediation session in person. Attendance in person is required of the trial counsel, insurance adjustor, and client representative with full settlement authority. The Mediator?s contact information is: Robert Lewis, Esq., 20 Sinclair Drive, Kings Point, NY, 10024; Tel.: 516-482-1448; email: Lewis202@optonline.net (Lepp, Gerald)(dc) (Entered: 09/15/2004)
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Sept. 15, 2004
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Sept. 15, 2004
PACER
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14
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SCHEDULING of Mediation update per Miranda Sokoloff LLP letter dated Sept. 23, 2004. [The LETTER is attached.] Mediation Date is November 17, 2004 at 10:30 a.m. Robert Lewis, Esq. has been selected as Mediator. The mediation session is now scheduled for 11/17/2004 at 10:30 a.m. at the Eastern District of New York Courthouse in CENTRAL ISLIP. COUNSELS must file with the Mediator: 1) immediately, their client's Complaint or Answer together with their respective client's Automatic Disclosure Statements; and 2) by 11/10/2004 their client's mediation statement outlining facts, legal issues, prior settlement discussions, and the name and title of the client representative with settlement authority who will attend the mediation session in person. Attendance in person is required of the trial counsel, insurance adjustor, and client representative with full settlement authority. The Mediator's contact information is: Robert Lewis, Esq., 20 Sinclair Drive, Kings Point, NY, 10024; Tel.:516-482-1448; email: Lewis202@optonline.net(Lepp, Gerald)(dc) (Entered: 09/27/2004)
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Sept. 27, 2004
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Sept. 27, 2004
PACER
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15
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Letter from Monique J. Roberts, EEOC Trial Attorney to Magistrate Judge James Orenstein Regarding Request for Leave to amend EEOC's complaint to add another retaliation claim. (Roberts, Monique) (Entered: 11/19/2004)
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Nov. 19, 2004
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Nov. 19, 2004
PACER
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16
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Minute Entry for proceedings held before James Orenstein : Status Conference held on 11/22/2004. The next status conference will be held on February 22, 2005, at 9:30 a.m. A pretrial conference will be held on May 23, 2005, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: Plaintiff will serve a proposed amended complaint by Wednesday, November 24, 2004. By the same date, plaintiff will either provide the names of all persons within the scope or Rule 26(a)(1) or submit a letter motion seeking a protective order. In light of the time wasted on mediation that appears never to have had a realistic prospect of resolving the case, I will enter a scheduling order that contemplates the case being ready for trial in six months; if the parties seek an modification of that schedule they must make a timely written application setting forth the steps they have taken to comply and good cause to believe that they cannot complete discovery in the allotted time through diligent efforts. (Orenstein, James) (Entered: 11/22/2004)
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Nov. 22, 2004
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Nov. 22, 2004
PACER
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17
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SCHEDULING ORDER: First Request for Production of Documents or Request for Interrogatories due by: December 27, 2004. Deadline for Joinder of Additional Parties: January 31, 2005. Deadline for Amendment of Pleadings: January 31, 2005. Status Conference: February 22, 2005, at 9:30 a.m. All discovery to be completed by: April 18, 2005. Dispositive motion process started by: May 2, 2005. Pretrial Order to be filed by: May 16, 2005. Pretrial Conference: May 23, 2005, at 9:30 a.m. Signed by Judge James Orenstein on November 22, 2004. (Orenstein, James) (Entered: 11/22/2004)
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Nov. 22, 2004
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Nov. 22, 2004
PACER
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18
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First MOTION to Amend/Correct Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit A# 3 Exhibit A# 4 Exhibit B)(Roberts, Monique) (Entered: 11/23/2004)
2 Exhibit A
View on PACER
3 Exhibit A
View on PACER
4 Exhibit A
View on PACER
5 Exhibit B
View on PACER
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Nov. 23, 2004
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Nov. 23, 2004
PACER
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19
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First MOTION to Amend/Correct Complaint by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
PACER
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20
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First MOTION to Amend/Correct Complaint by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
PACER
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21
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Letter from Monique J. Roberts to Judge James Orenstein Regarding names of claimants. (Roberts, Monique) (Entered: 11/23/2004)
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Nov. 23, 2004
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Nov. 23, 2004
PACER
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22
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RESPONSE to Motion re 18 First MOTION to Amend/Correct Complaint, 19 First MOTION to Amend/Correct Complaint, 20 First MOTION to Amend/Correct Complaint filed by Comprehensive Benenits Consultants. (Sokoloff, Brian) (Entered: 12/02/2004)
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Dec. 2, 2004
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Dec. 2, 2004
PACER
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23
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Letter from Monique J. Roberts, Trial Attorney Equal Employment Opportunity Commission to Magistrate Judge James Orenstein Regarding Defendant's Failure to Make Disclosure or Cooperate in Discovery. (Roberts, Monique) (Entered: 02/01/2005)
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Feb. 1, 2005
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Feb. 1, 2005
PACER
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24
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Letter from Brian S. Sokoloff to Hon. James Orenstein Regarding plaintiff's letter to the Court, dated February 1, 2005. (Sokoloff, Brian) (Entered: 02/03/2005)
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Feb. 3, 2005
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Feb. 3, 2005
PACER
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25
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Letter from Brian S. Sokoloff to Magistrate Judge James Orenstein Regarding defendant's request for an order compelling plaintiff to answer interrogatories and document requests. (Sokoloff, Brian) (Entered: 02/03/2005)
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Feb. 3, 2005
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Feb. 3, 2005
PACER
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26
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ORDER RE: 18 Motion to Amend -- For the reasons set forth in this order, the Commission's motion to amend the complaint to assert an additional claim of retaliation is DENIED WITHOUT PREJUDICE. The Commission may renew its application if, by February 14, 2005, it submits a revised proposed amended complaint that alleges in good faith that the filing of Russo's defamation claim is attributable to CBC. Signed by Judge James Orenstein on 2/4/05. (Branciforte, Ralph) (Entered: 02/04/2005)
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Feb. 4, 2005
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Feb. 4, 2005
PACER
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27
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Letter from Brian S. Sokoloff to Magistrate Judge James Orenstein Regarding request for production of documents claimed to be privileged. (Sokoloff, Brian) (Entered: 02/06/2005)
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Feb. 6, 2005
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Feb. 6, 2005
PACER
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28
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ORDER -- The status conference is rescheduled from February 8, 2005 to February 11, 2005 at 1:30 p.m. The conference will be held in Courtroom 920 before the undersigned. All parties shall appear in person. Signed by Judge James Orenstein on 2/7/05. (Branciforte, Ralph) (Entered: 02/07/2005)
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Feb. 7, 2005
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Feb. 7, 2005
PACER
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29
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Letter from Monique J. Roberts, Trial Attorney EEOC to Magistrate Judge James Orenstein Regarding EEOC's Opposition to Defendant's Letter Motion to Compel Discovery. (Roberts, Monique) (Entered: 02/10/2005)
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Feb. 10, 2005
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Feb. 10, 2005
PACER
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30
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Letter from Monique J. Roberts, Trial Attorney EEOC to Magistrate James Orenstein Regarding EEOC's Opposition to Defendant's Demand to Disclose Privileged Documents. (Roberts, Monique) (Entered: 02/10/2005)
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Feb. 10, 2005
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Feb. 10, 2005
PACER
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31
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AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 26 Order on Motion to Amend/Correct,,,,, Complaint. (Roberts, Monique) (Entered: 02/10/2005)
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Feb. 10, 2005
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Feb. 10, 2005
PACER
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32
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Minute Entry for proceedings held before James Orenstein : Status Conference held on 2/11/2005. SCHEDULING: The status conference previously scheduled for February 22, 2005 is cancelled. The next pretrial conference will be held on May 23, 2005, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) Defendant will respond to plaintiff's Document Request ("DR") 1 with the relevant personnel files. (2) Plaintiff's request to compel production of defendant's contracts with Phoenix and Guardian (DR 14) is GRANTED. (3) Plaintiff's request to compel production of tax records (DR 16) is DENIED. (4) Plaintiff's request to compel further responses to Interrogatories 15-16 is DENIED. (5) Defendant's application to compel production of documents that continue to be subject to a claim of privilege or to compel further clarification of the privilege log is DENIED in light of the information in plaintiff's counsel's letter of February 10, 2005. (6) Defendant's request for authorizations for the release of records held by the described potential witnesses (DR 7) is GRANTED, subject to the parties agreeing on an appropriate protective order. (7) Defendant's request for cell phone and email information is resolved as follows: (a) The cell phone records will be subpoenaed and defendant's counsel will identify, by name or telephone number, the relevant information being sought therein; plaintiff's counsel will provide redacted copies of the records showing that relevant information. (b) The plaintiff will provide all relevant emails as requested; defendant's application to subpoena emails from the service provider is DENIED without prejudice to renew if there is reason to believe that such a subpoena will lead to the discovery of admissible evidence not otherwise available. (8) The defendant's remaining requests to compel discovery are denied on the understanding that plaintiff will supplement its responses to the requests at issue notwithstanding the objections it has previously raised and without waiving those objections. (Orenstein, James) (Entered: 02/11/2005)
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Feb. 11, 2005
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Feb. 11, 2005
PACER
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33
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Letter from Brian S. Sokoloff to Hon. James Orenstein Regarding request to so order a subpoena. (Sokoloff, Brian) (Entered: 02/28/2005)
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Feb. 28, 2005
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Feb. 28, 2005
PACER
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34
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STIPULATION and Order Governing the Treatment of Confidental Material by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 03/03/2005)
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March 3, 2005
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March 3, 2005
PACER
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35
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Letter MOTION to Quash Subpoena of Robert M. Bursky, Esq. by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 03/07/2005)
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March 7, 2005
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March 7, 2005
PACER
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36
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RESPONSE in Opposition re 35 Letter MOTION to Quash Subpoena of Robert M. Bursky, Esq. filed by Comprehensive Benefits Consultants. (Sokoloff, Brian) (Entered: 03/09/2005)
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March 9, 2005
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March 9, 2005
PACER
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37
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Letter from Monique J. Roberts to Magistrate Judge James Orenstein Regarding scheduling of depositions. (Roberts, Monique) (Entered: 03/10/2005)
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March 10, 2005
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March 10, 2005
PACER
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38
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Letter MOTION to Quash Subpoena Duces Tecum for Craig Addeo by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 03/10/2005)
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March 10, 2005
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March 10, 2005
PACER
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39
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TRANSCRIPT of Proceedings held on 2/11/05 before Judge Michael L. Orenstein. Court Transcriber: Ron Rudolph, 620 Riverside Dr., Fairfield, CT 06430. (Montero, Edher) (Entered: 03/14/2005)
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March 10, 2005
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March 10, 2005
PACER
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40
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Minute Entry for proceedings held before James Orenstein : Status Conference held on 3/15/2005. SCHEDULING: (1) The next status conference will be held on May 31, 2005, at 10:30 a.m. (2) A pretrial conference will be held on July 25, 2005, at 11:00 a.m. THE FOLLOWING RULINGS WERE MADE: (1) For the reasons discussed on the record at the conference, plaintiff's motion to quash the subpoena on claimant Addeo's attorney is GRANTED. I conclude that the claimant and Susan Nally sought the advice of counsel together and had a common interest, that their meeting with the attorney was therefore privileged, and that there has not been an effective waiver of claimant Addeo's privilege to allow the deposition to proceed. To the extent that there were limited waivers by Ms. Addeo -- such as counsel's explanation of what the initials EEOC stand for and his belief that documentary evidence and witnesses would be important -- they do not constitute a waiver as to all related communications. Further, allowing inquiry into the limited areas as to which there has been a waiver would not be reasonably likely to lead to the discovery of admissible evidence, particularly since the opinion of an attorney as to the persuasiveness of evidence is not admissible. (2) Defendant will respond by March 17, 2005, to plaintiff's application to quash the subpoena on Craig Addeo. (3) The parties will submit portions of the transcript of the deposition of Fran Angelone relevant to my consideration of plaintiff's renewed application to have me review in camera documents claimed by plaintiff to be privileged. (4) By March 22, 2005, plaintiff will either produce Laura Hart's diary, as discussed at the conference, or confirm that it no longer exists. If it is produced and there is a question about its provenance, defendant will make further application as appropriate. If such further application is predicated on assertions about Ms. Hart's credibility, then Mr. Sokoloff must be available as a witness rather than as counsel to pursue the application. (5) Discovery is extended by 60 days. I will enter a separate amended case management and scheduling order reflecting the new deadlines. (Orenstein, James) (Entered: 03/15/2005)
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March 15, 2005
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March 15, 2005
PACER
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41
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SCHEDULING ORDER: Status Conference: May 31, 2005, at 10:30 a.m. All discovery to be completed by: June 20, 2005. Dispositive motion process started by: July 5, 2005. Pretrial Order to be filed by: July 19, 2005. Pretrial Conference: July 25, 2005, at 11:00 a.m. Signed by Judge James Orenstein on March 15, 2005. (Orenstein, James) (Entered: 03/15/2005)
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March 15, 2005
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March 15, 2005
PACER
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42
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RESPONSE to Motion re 38 Letter MOTION to Quash Subpoena Duces Tecum for Craig Addeo filed by Comprehensive Benefits Consultants. (Sokoloff, Brian) (Entered: 03/16/2005)
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March 16, 2005
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March 16, 2005
PACER
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43
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Letter MOTION for Protective Order regarding privileged conversations between Susan Nally, Jean Marie Addeo and Attorney Robert Bursky by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 03/17/2005)
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March 17, 2005
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March 17, 2005
PACER
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45
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TRANSCRIPT of Proceedings held on 4/15/05 before Judge J. Orenstein, USMJ. (Terry Gribben's Transcripton Service) (Imrie, Robert) (Entered: 03/29/2005)
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March 24, 2005
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March 24, 2005
PACER
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44
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RESPONSE to Motion re 43 Letter MOTION for Protective Order regarding privileged conversations between Susan Nally, Jean Marie Addeo and Attorney Robert Bursky filed by Comprehensive Benefits Consultants. (Sokoloff, Brian) (Entered: 03/29/2005)
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March 29, 2005
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March 29, 2005
PACER
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46
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APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Comprehensive Benefits Consultants re 40 Status Conference,,,,,,,,, (Sokoloff, Brian) (Entered: 03/29/2005)
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March 29, 2005
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March 29, 2005
PACER
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47
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MEMORANDUM AND ORDER Re: 38 Motion to Quash and 43 Motion for Protective Order -- plaintiff EEOC's application for a protective order and its motion to quash the subpoena duces tecum directed to Craig Addeo are both DENIED. (see attached order). Signed by Judge James Orenstein on 3/30/05. (Branciforte, Ralph) (Entered: 03/30/2005)
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March 30, 2005
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March 30, 2005
PACER
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48
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Letter from Brian S. Sokoloff to Magistrate Judge James Orenstein Regarding Laura Hart's computer. (Sokoloff, Brian) (Entered: 04/04/2005)
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April 4, 2005
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April 4, 2005
PACER
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49
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Letter from Monique J. Roberts to Magistrate James Orenstein Regarding EEOC's Opposition to Defendant's request for a computer expert's examination of Laura Hart's home computer. (Roberts, Monique) (Entered: 04/06/2005)
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April 6, 2005
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April 6, 2005
PACER
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50
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Letter from Steven C. Stern to Magistrate Judge James Orenstein Regarding enclosing Hart's diary entries. (Stern, Steven) (Entered: 04/11/2005)
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April 11, 2005
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April 11, 2005
PACER
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51
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Letter from Monique J. Roberts to the Honorable Leonard D. Wexler Regarding Plaintiff EEOC's request that Magistrate Orenstein's Order of March 15, 2005 quashing the subpoena duces tecum served on Attorney Robert Bursky be upheld.. (Roberts, Monique) (Entered: 04/11/2005)
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April 11, 2005
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April 11, 2005
PACER
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52
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Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 4/12/2005. SCHEDULING: (1) The next status conference will be held on May 31, 2005, at 10:30 a.m. (2) A pretrial conference will be held on July 25, 2005, at 11:00 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The defendant's application to allow an expert to examine Ms. Hart's computer (docket entry 48) is DENIED. (2) By April 19, 2005, plaintiff's counsel will submit a letter reporting on (1) the date of last modification of the computer file for the diary indicated on the appropriate directory of Ms. Hart's computer, and (2) whether the EEOC has ever made a request for documents to Ms. Hart to which the diary would have been responsive and, if so, whether Ms. Hart did provide the diary in response. Based on the contents of that report, I will consider whether there is good cause to revisit the preceding denial of the defendant's application. (Orenstein, James) (Entered: 04/12/2005)
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April 12, 2005
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April 12, 2005
PACER
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53
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MOTION to Compel Craig Addeo to respond to subpoena duces tecum by Comprehensive Benefits Consultants. (Sokoloff, Brian) (Entered: 04/18/2005)
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April 18, 2005
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April 18, 2005
PACER
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54
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Letter from Monique J. Roberts to Magistrate James Orenstein Regarding Laura Hart's computer diary. (Roberts, Monique) (Entered: 04/19/2005)
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April 19, 2005
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April 19, 2005
PACER
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55
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ORDER Re: 53 Motion to Compel -- The relief requested in the instant motion would have no independent effect, and I decline to issue such a meaningless order. The motion is therefore DENIED as moot. Counsel for CBC is directed to serve a copy of this order on Mr. Addeo and to file a certificate attesting to such service. (see attached order) Signed by Judge James Orenstein on 4/20/05. (Branciforte, Ralph) (Entered: 04/20/2005)
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April 20, 2005
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April 20, 2005
RECAP
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57
|
MEMORANDUM AND OPINION: This court has reviwed the parties' submissions and the order of the Mag/Judge and concludes that the order appealed from should be affirmed. Accordingly, defendant's objections are hereby overruled and the Order of Mag/Judge James Orenstein dtd. 3/15/05 is affirmed. SO ORDERED (signed by Judge Leonard D. Wexler on 4/25/05). c/m(Montero, Edher) (Entered: 04/26/2005)
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April 25, 2005
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April 25, 2005
RECAP
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56
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MOTION to Compel non-party Craig Addeo to respond to CBC's subpeona duces tecum by Comprehensive Benefits Consultants. (Verveniotis, Steven) (Entered: 04/26/2005)
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April 26, 2005
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April 26, 2005
PACER
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58
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Letter MOTION for Protective Order prohibiting the deposition of EEOC Trial Attorney Robert Rose by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 05/11/2005)
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May 11, 2005
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May 11, 2005
PACER
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59
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Letter dtd. 5/13/05 from Craig Addeo to USMJ J. Orenstein RE: Requesting that the subpoena served on 5/4/05 be quashed. (Branciforte, Ralph) (Entered: 05/16/2005)
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May 16, 2005
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May 16, 2005
PACER
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60
|
RESPONSE in Opposition re 58 Letter MOTION for Protective Order prohibiting the deposition of EEOC Trial Attorney Robert Rose filed by Comprehensive Benefits Consultants. (Sokoloff, Brian) (Entered: 05/17/2005)
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May 17, 2005
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May 17, 2005
PACER
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61
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Letter from Brian S. Sokoloff to Magistrate Judge James Orenstein Regarding Craig Addeo request to quash subpoena to him. (Sokoloff, Brian) (Entered: 05/17/2005)
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May 17, 2005
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May 17, 2005
PACER
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62
|
ORDER re 58, 59, 60, 61 -- EEOC's application for a protective order is GRANTED IN PART AND DENIED IN PART, in that CBC may take the deposition of attorney Rose, but only as to a very limited subject and only in writing. I further ORDER that CBC shall report by May 25, 2005, as to whether it will either take Mr. Rose's deposition pursuant to the preceding protective order or seek to challenge in any way the veracity of Ms. Hart's testimony that Mr. Sokoloff opined that the tape was inadmissible, and also ORDER that the Commission shall report by the same date as to whether it will seek to offer evidence about the tape at the trial of this case. Further, Craig Addeo's motion to quash the subpoena duces tecum issued by CBC is GRANTED IN PART AND DENIED IN PART, in that Mr. Addeo must produce only those documents reflecting money or property given to Mrs. Addeo by Mr. Addeo's business (and not by him in his individual capacity); the subpoena is quashed as to all other items. Counsel for CBC is directed to serve a copy of this order on Mr. Addeo. Signed by Judge James Orenstein on 5/18/05. (See Attached Order) (Branciforte, Ralph) (Entered: 05/18/2005)
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May 18, 2005
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May 18, 2005
RECAP
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63
|
Minute Entry for proceedings held before James Orenstein. Discovery Conference held on 5/27/2005. THE FOLLOWING RULINGS WERE MADE: The parties called from a deposition with a dispute regarding claimant Fran Angilone's medical records; during the telephone conference, the parties resolved the dispute on their own. (Branciforte, Ralph) (Entered: 05/27/2005)
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May 27, 2005
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May 27, 2005
PACER
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64
|
Minute Entry for proceedings held before James Orenstein : Telephone Conference held on 5/31/2005. SCHEDULING: The next pretrial conference will be held on July 25, 2005, at 11:00 a.m. THE FOLLOWING RULINGS WERE MADE: (1) The deadline for defendant to report as to whether it will take Mr. Rose's deposition on written questions (see Docket Entry 62) is extended until June 24, 2005. The parties will complete all other discovery and seek to settle the case; if they fail to settle, and if CBC thereafter decides to take Mr. Rose's testimony, I will schedule further proceedings as appropriate to address defendant's counsel's role as a potential witness. (2) Prior to the pretrial conference, all parties must submit by mail or fax (not by ECF) a one-page, ex parte settlement position to the undersigned. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at this conference; clients or other persons with full settlement authority must be available by telephone. (Orenstein, James) (Entered: 05/31/2005)
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May 31, 2005
|
May 31, 2005
PACER
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65
|
MOTION for Contempt against Craig Addeo by all defendants. (Sokoloff, Brian) (Entered: 06/01/2005)
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June 1, 2005
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June 1, 2005
PACER
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66
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ORDER re: 65 Motion for Contempt -- Mr. Addeo is directed to respond to defendant's motion to compel by June 6, 2005. A conference is scheduled for June 8, 2005 to discuss defendant's motion. The conference will be held in Courtroom 920. Mr. Addeo shall appear with the records at issue for the Court's review. Mr. Sokoloff is directed to serve this order on Mr. Addeo and file a certificate of service stating same. Approved by Judge James Orenstein on 6/2/05.(Branciforte, Ralph) (Entered: 06/02/2005)
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June 2, 2005
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June 2, 2005
PACER
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67
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Letter dtd. 6/1/05 from Craig Addeo RE: subpoena. (Branciforte, Ralph) (Entered: 06/03/2005)
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June 3, 2005
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June 3, 2005
PACER
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68
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Minute Entry for proceedings held before James Orenstein: Discovery Hearing held on 6/6/2005. THE FOLLOWING RULINGS WERE MADE: I resolved two disputes that arose during the continued deposition of claimant Jean Marie Addeo. (1) The plaintiff's instruction to the deponent not to answer questions seeking the content of marital communications was sustained, without prejudice to the defendant seeking to overcome the privilege by submitting reason to conclude that the deponent has waived it. (2) In light of the conduct of defendant's principal, Mr. Russo, during the deposition, I ruled that the deposition would be allowed to continue for another half-hour only without Mr. Russo present. (Branciforte, Ralph) (Entered: 06/06/2005)
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June 6, 2005
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June 6, 2005
PACER
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69
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Letter from Brian S. Sokoloff to Magistrate Judge James Orenstein Regarding cancellation of conference. (Sokoloff, Brian) (Entered: 06/06/2005)
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June 6, 2005
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June 6, 2005
PACER
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70
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Letter from Brian S. Sokoloff to Hon. James Orenstein Regarding plaintiff not complying with the Court's order. (Verveniotis, Steven) (Entered: 07/13/2005)
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July 13, 2005
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July 13, 2005
PACER
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71
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Letter from Brian S. Sokoloff, Esq. to Hon. James Orenstein Regarding permission for further deposition of plaintiff. (Verveniotis, Steven) (Entered: 07/13/2005)
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July 13, 2005
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July 13, 2005
PACER
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72
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ORDER re 70 Letter, 71 Letter -- A telephone status conference is scheduled for July 19, 2005 at 9:30 a.m. to discuss CBC's applications. Any responses to CBC's respective applications shall be filed, with a courtesy copy delivered to me by fax, no later than 12:00 p.m. on July 18, 2005. The EEOC is directed to serve this order on Mr. Addeo upon receipt and file a certificate of service stating same. Signed by Judge James Orenstein on 7/14/05. (Branciforte, Ralph) (Entered: 07/14/2005)
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July 14, 2005
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July 14, 2005
PACER
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73
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Letter from EEOC to Magistrate James Orenstein Regarding EEOC's opposition to Defendant's request for a third deposition of Jean Marie Addeo. (Roberts, Monique) (Entered: 07/14/2005)
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July 14, 2005
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July 14, 2005
PACER
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74
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Letter from EEOC to Magistrate Orenstein Regarding EEOC's request for an adjournemnt of the July 19, 2005 conference. (Roberts, Monique) (Entered: 07/15/2005)
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July 15, 2005
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July 15, 2005
PACER
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75
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CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission of Magistrate Orenstein's Order of July 14, 2005 on Craig Addeo (Roberts, Monique) (Entered: 07/15/2005)
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July 15, 2005
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July 15, 2005
PACER
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76
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Letter dtd. 7/18/05 from Craig Addeo to Brian Sokoloff RE: Responding to your letter dtd. 6/20/05 (attached as an exhibit to Docket Entry 70). (Branciforte, Ralph) (Entered: 07/18/2005)
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July 18, 2005
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July 18, 2005
PACER
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77
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Minute Entry for proceedings held before James Orenstein : Status Conference held on 7/25/2005. SCHEDULING: The next pretrial conference will be held on September 26, 2005, at 3:00 p.m. [NOTE: The time of the conference has been changed to 3:00 p.m. to avoid a scheduling conflict.] THE FOLLOWING RULINGS WERE MADE: (1) The defendants' application to take further deposition testimony from Ms Addeo was denied. (2) The scheduling order is further amended as follows: (a) Defendants written deposition questions for Mr. Rose to be served by August 8, 2005. (b) Plaintiff to serve Mr. Rose's answers by August 15, 2005. (c) Joint Pretrial Order to be filed by September 12, 2005. (3) The parties discussed settlement in good faith but did not reach an agreement. (Orenstein, James) (Entered: 07/25/2005)
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July 25, 2005
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July 25, 2005
PACER
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78
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Letter from Brian S. Sokoloff to Hon. James Orenstein Regarding request for order directing Robert Rose to answer written deposition questions. (Sokoloff, Brian) (Entered: 08/17/2005)
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Aug. 17, 2005
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Aug. 17, 2005
PACER
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79
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Letter from Brian S. Sokoloff to Magistrate Judge Orenstein Regarding request for extension of time for parties to file pretrial order. (Sokoloff, Brian) (Entered: 09/08/2005)
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Sept. 8, 2005
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Sept. 8, 2005
PACER
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80
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Letter from Brian S. Sokoloff to Hon. Leonard D. Wexler Regarding request for premotion conference. (Sokoloff, Brian) (Entered: 09/08/2005)
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Sept. 8, 2005
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Sept. 8, 2005
PACER
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81
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Letter from EEOC to Magistrate Judge James Orenstein Regarding filing the joint pre-trial order. (Roberts, Monique) (Entered: 09/10/2005)
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Sept. 10, 2005
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Sept. 10, 2005
PACER
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82
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Letter from EEOC to District Court Judge Leonard Wexler Regarding EEOC's opposition to Defendant's request for a pre-motion conference to file a motion for summary judgment. (Roberts, Monique) (Entered: 09/10/2005)
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Sept. 10, 2005
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Sept. 10, 2005
PACER
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83
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Letter from Brian S. Sokoloff to Hon. Leonard D. Wexler Regarding pre-motion conference. (Sokoloff, Brian) (Entered: 09/13/2005)
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Sept. 13, 2005
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Sept. 13, 2005
PACER
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84
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Letter MOTION for Extension of Time to File Joint PreTrial Order by Equal Employment Opportunity Commission. (O'Brien, Michael) (Entered: 09/27/2005)
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Sept. 27, 2005
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Sept. 27, 2005
PACER
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85
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Proposed Pretrial Order Jointly Filed by Comprehensive Benefits Consultants and by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 10/05/2005)
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Oct. 5, 2005
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Oct. 5, 2005
PACER
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86
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Proposed Pretrial Order Amended and Jointly filed by Comprehensive Benefits Consultants and by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 10/06/2005)
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Oct. 6, 2005
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Oct. 6, 2005
PACER
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87
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Minute Entry for proceedings held before James Orenstein : Final Pretrial Conference held on 10/7/2005. SCHEDULING: The next telephone status conference will be held on April 24, 2006, at 9:30 a.m. THE FOLLOWING RULINGS WERE MADE: (1) Discovery is complete and the parties have submitted a joint pretrial order that substantially complies with Judge Wexler's individual practice rules. I will enter a separate order certifying the case as ready for trial. (2) The pretrial order reflects several disputes based on discovery rather than evidentiary issues. At the next conference, to the extent those issues remain pending, the parties will discuss a schedule for litigating motions to preclude as a sanction for failure to provide discovery. (3) The parties discussed settlement but did not reach an agreement. (Orenstein, James) (Entered: 10/07/2005)
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Oct. 7, 2005
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Oct. 7, 2005
PACER
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91
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Minute Entry for proceedings held before Leonard D. Wexler on 10/7/05 at 11:00 am. Case called. Counsel for all parties present. Pre Motion Conference held. Deft's request to file motion for summary judgment is granted. Deft to serve summary judgment papers within 6 weeks. Plaintiff to respond within one month. Deft to reply within five days thereafter. Trial set for July, 2006. (Montero, Edher) (Entered: 11/01/2005)
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Oct. 7, 2005
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Oct. 7, 2005
PACER
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88
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ORDER: the joint pretrial order is accepted for filing and the action is deemed ready for trial. Ordered by Judge James Orenstein on October 7, 2005. (Orenstein, James) (Entered: 10/07/2005)
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Oct. 7, 2005
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Oct. 7, 2005
PACER
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89
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LETTER dtd 10/18/05 from Counsel for Plaintiff to Judge Wexler re: It is my understanding that Defendant has six weeks from October 7, 2005, the date of the conference, to file its motion-not six weeks after Mr. Sokoloff's trial ends, as he contends. (Mierzejewski, Elizabeth) (Entered: 10/27/2005)
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Oct. 24, 2005
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Oct. 24, 2005
PACER
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90
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ORDER re 89 Letter. The time in which to make a motion runs from the date of the conference held on 10/7/06. . Ordered by Judge Leonard D. Wexler on 10/24/05. (Mierzejewski, Elizabeth) (Entered: 10/27/2005)
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Oct. 24, 2005
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Oct. 24, 2005
PACER
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92
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Letter from Brian S. Sokoloff to Judge Leonard D. Wexler Regarding request for extension of time to file summary judgment motion. (Sokoloff, Brian) (Entered: 11/10/2005)
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Nov. 10, 2005
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Nov. 10, 2005
PACER
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93
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Letter from Monique J. Roberts to Judge Wexler Regarding extension of time to respond to Defendant's Summary Judgment Motion. (Roberts, Monique) (Entered: 11/14/2005)
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Nov. 14, 2005
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Nov. 14, 2005
PACER
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94
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ORDER GRANTING the 92 Letter Application for an extension of time for the defendant to file its motion for summary judgment to December 2, 2005. The Court also grants the request of the EEOC for the extension requested in the letter of 11/14/05.. Ordered by Judge Leonard D. Wexler on 11/15/05. (Mierzejewski, Elizabeth) (Entered: 11/16/2005)
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Nov. 15, 2005
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Nov. 15, 2005
PACER
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95
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Joint MOTION for Extension of Time to File Response/Reply to Defendant's Summary Judgement Motion by Equal Employment Opportunity Commission. (Roberts, Monique) (Entered: 01/13/2006)
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Jan. 13, 2006
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Jan. 13, 2006
PACER
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96
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Letter requesting additional time to submit reply to summary judgment motion by Comprehensive Benefits Consultants. (Stern, Steven) (Entered: 01/30/2006)
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Jan. 30, 2006
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Jan. 30, 2006
PACER
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97
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Letter requesting to file a 15-page reply brief by Comprehensive Benefits Consultants. (Stern, Steven) (Entered: 02/15/2006)
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Feb. 15, 2006
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Feb. 15, 2006
PACER
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98
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Notice of MOTION for Summary Judgment by Comprehensive Benefits Consultants. (Stern, Steven) (Entered: 02/17/2006)
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Feb. 17, 2006
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Feb. 17, 2006
PACER
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99
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AFFIDAVIT in Support re 98 Notice of MOTION for Summary Judgment Declaration of Steven C. Stern by Comprehensive Benefits Consultants. (Attachments: # 1 Exhibit Notice regarding the filing of exhibits in paper form)(Stern, Steven) (Entered: 02/17/2006)
2 Exhibit Notice regarding the filing of exhibits in paper form
View on PACER
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Feb. 17, 2006
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Feb. 17, 2006
PACER
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100
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MEMORANDUM in Support re 98 Notice of MOTION for Summary Judgment by Comprehensive Benefits Consultants. (Stern, Steven) (Entered: 02/17/2006)
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Feb. 17, 2006
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Feb. 17, 2006
PACER
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