Smalls v. Amazon, Inc.
| New York Eastern District Court | |
| Judge: | Rachel P Kovner |
| Referred: | Roanne L Mann |
| Case #: | 1:20-cv-05492 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000 Job Discrimination (Race) |
| Case Filed: | Nov 12, 2020 |
| Terminated: | Mar 14, 2022 |
| Last checked: Tuesday May 11, 2021 4:45 AM EDT |
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Defendant
Amazon, Inc.
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Represented By
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Defendant
Amazon.com Services LLC
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Represented By
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Plaintiff
Christian Smalls
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Represented By
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GPO
Feb 07 2022
ORDER granting 20 Motion to Dismiss. For the reasons stated in the attached memorandum and order, defendant's motion to dismiss is granted. Plaintiff may file a motion seeking leave to file a second amended complaint within thirty days. Any such motion should include the proposed second amended complaint as an exhibit and explain why leave to amend should be granted. If plaintiff does not seek leave to amend within thirty days, judgment shall be entered. Ordered by Judge Rachel P. Kovner on 2/7/2022. (Andrews, Stephen) |
| Docket last updated: 01/01/2025 11:59 PM EST |
| Thursday, December 29, 2022 | ||
| 38 | 38
appeal
USCA Mandate
Thu 12/29 2:16 PM
MANDATE of USCA as to36 Notice of Appeal filed by Christian Smalls. IT IS HEREBY ORDERED, that the Judgment of the District Court is AFFIRMED. Issued as Mandate: 12/29/2022. USCA# 22-615. (VJ) |
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| Wednesday, June 08, 2022 | ||
| 37 | 37
misc
Transcript
Wed 06/08 5:24 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/21/2021, before Judge Rachel P. Kovner. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/29/2022. Redacted Transcript Deadline set for 7/9/2022. Release of Transcript Restriction set for 9/6/2022. (Barna, Andronikh) |
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| Tuesday, March 22, 2022 | ||
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appeal
Electronic Index to Record on Appeal
Tue 03/22 9:06 AM
Electronic Index to Record on Appeal sent to US Court of Appeals.36 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (Jones, Vasean) |
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| Monday, March 21, 2022 | ||
| 36 | 36
appeal
Notice of Appeal
Mon 03/21 5:09 PM
NOTICE OF APPEAL as to35 Clerk's Judgment by Christian Smalls. Filing fee $ 505, receipt number ANYEDC-15395733. (Sussman, Michael) |
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| Tuesday, March 15, 2022 | ||
| 35 | 35
order
Judgment - Clerk
Tue 03/15 4:02 PM
CLERK'S JUDGMENT that Amazons motion to dismiss is granted; and that this case is dismissed with prejudice. So Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 3/15/2022. (Herrera, Isaiah) |
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| Monday, March 14, 2022 | ||
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order
Order Dismissing Case
Mon 03/14 1:50 PM
ORDER: On 2/7/2022, the Court granted defendant's motion to dismiss and advised plaintiff that he could file a motion to seek leave to file a second amended complaint within thirty days. The Court further advised plaintiff that a failure to seek leave to amend within thirty days would result in judgment being entered. Thirty days have passed, and plaintiff has not sought leave to amend. Accordingly, for the reasons stated in the Order dated 2/7/2022, this case is dismissed with prejudice. The Clerk of Court is respectfully directed to enter judgment in favor of defendant. Ordered by Judge Rachel P. Kovner on 3/14/2022. (Andrews, Stephen) |
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| Monday, February 07, 2022 | ||
| 34 | 34
14
pgs
order
Order on Motion to Dismiss
Mon 02/07 5:00 PM
ORDER granting20 Motion to Dismiss. For the reasons stated in the attached memorandum and order, defendant's motion to dismiss is granted. Plaintiff may file a motion seeking leave to file a second amended complaint within thirty days. Any such motion should include the proposed second amended complaint as an exhibit and explain why leave to amend should be granted. If plaintiff does not seek leave to amend within thirty days, judgment shall be entered. Ordered by Judge Rachel P. Kovner on 2/7/2022. (Andrews, Stephen) |
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| Wednesday, December 22, 2021 | ||
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minutes
Motion Hearing
Wed 12/22 2:23 PM
MINUTE ENTRY: A telephonic oral argument was held on 12/21/2021 at 10:00 AM. Michael Sussman appeared for plaintiff. Jason Schwartz appeared for defendant. The motion to dismiss was taken under advisement. Ordered by Judge Rachel P. Kovner on 12/22/2021. (Andrews, Stephen) (Court Reporter Andronikh Barna) |
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| Tuesday, December 21, 2021 | ||
| 33 | 33
misc
Letter
Tue 12/21 5:00 PM
Letter to Judge Kovner re: Hearing on Amazon's Motion to Dismiss by Amazon.com Services LLC (Schwartz, Jason) |
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| Sunday, December 19, 2021 | ||
| 32 | 32
motion
Adjourn Conference
Sun 12/19 10:24 AM
MOTION to Adjourn Conference providing defendant's consent and alternative scheduling suggestion by Christian Smalls. (Sussman, Michael) |
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order
Order on Motion to Adjourn Conference
Sun 12/19 11:06 AM
ORDER granting32 Motion to Adjourn Conference: Argument on21 defendant's motion to dismiss is rescheduled to 12/21/21 at 10 a.m. Ordered by Judge Rachel P. Kovner on 12/19/2021. (Kovner, Rachel) |
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| Saturday, December 18, 2021 | ||
| 31 | 31
motion
Adjourn Conference
Sat 12/18 12:09 PM
MOTION to Adjourn Conference by Christian Smalls. (Sussman, Michael) |
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order
Order on Motion to Adjourn Conference
Sat 12/18 10:12 AM
ORDER denying30 Motion to Adjourn Conference: This motion is denied without prejudice to plaintiff's submitting an adjournment request that contains the information required in my individual rules of practice. Ordered by Judge Rachel P. Kovner on 12/18/2021. (Kovner, Rachel) |
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| Friday, December 17, 2021 | ||
| 30 | 30
motion
Adjourn Conference
Fri 12/17 6:16 PM
MOTION to Adjourn Conference due to attorney's participation on ongoing trial by Christian Smalls. (Sussman, Michael) |
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| Wednesday, November 10, 2021 | ||
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order
Scheduling Order
Wed 11/10 5:23 PM
SCHEDULING ORDER: A telephonic oral argument is scheduled for 9:30 AM on 12/20/2021 on defendant's motion to dismiss at20 . An audio link will be available for the parties and the public. To join the teleconference, the parties are instructed to call (888) 278-0296 and enter the access code 2012636. Ordered by Judge Rachel P. Kovner on 11/10/2021. (Andrews, Stephen) |
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| Friday, November 05, 2021 | ||
| 29 | 29
notice
Notice(Other)
Fri 11/05 5:57 PM
NOTICE by Amazon.com Services LLC re20 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority (Schwartz, Jason) |
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Att: 1
OSHA Emergency Temporary Standard
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| Wednesday, October 06, 2021 | ||
| 28 | 28
notice
Notice(Other)
Wed 10/06 4:56 PM
NOTICE by Amazon.com Services LLC re24 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss Notice of Supplemental Authority (Schwartz, Jason) |
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Att: 1
Order in Dark Storm Industries, LLC v. Hochul
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| Tuesday, September 14, 2021 | ||
| 27 | 27
notice
Notice(Other)
Tue 09/14 12:29 PM
NOTICE by Amazon.com Services LLC re20 MOTION to Dismiss Amended Complaint Notice of Supplemental Authority (Schwartz, Jason) |
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Att: 1
COVID-19 Action Plan
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| Friday, August 13, 2021 | ||
| 26 | 26
4
pgs
respoth
Reply in Support
Fri 08/13 12:02 PM
REPLY in Support re24 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss filed by Amazon.com Services LLC. (Schwartz, Jason) |
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| Thursday, August 05, 2021 | ||
| 25 | 25
3
pgs
misc
Letter
Thu 08/05 9:37 AM
Letter Response to Letter Motion by Christian Smalls (Sussman, Michael) |
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| Tuesday, July 13, 2021 | ||
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order
Order on Motion for Pre Motion Conference
Tue 07/13 12:00 PM
ORDER: Defendants' letter motion for a pre-motion conference at24 is deemed a letter motion to dismiss based on mootness. Plaintiffs may file a response to the motion by 8/6/2021. Defendants' reply, if any, is due 8/13/2021. Ordered by Judge Rachel P. Kovner on 7/13/2021. (Kahwash, Sarah) |
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| Monday, July 12, 2021 | ||
| 24 | 24
motion
Pre Motion Conference
Mon 07/12 5:13 PM
Letter MOTION for pre motion conference for Defendant's Motion to Dismiss by Amazon, Inc., Amazon.com Services LLC. (Schwartz, Jason) (Attachment 2 replaced due to corruption on 7/19/2021) (Lee, Tiffeny). |
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Att: 1
Declaration of Jason C. Schwartz,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8
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| Monday, April 19, 2021 | ||
| 23 | 23
respoth
Reply in Support
Mon 04/19 4:56 PM
REPLY in Support re20 MOTION to Dismiss Amended Complaint filed by Amazon, Inc., Amazon.com Services LLC. (Schwartz, Jason) |
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| Monday, April 05, 2021 | ||
| 22 | 22
21
pgs
respoth
Memorandum in Opposition
Mon 04/05 4:44 PM
MEMORANDUM in Opposition re20 MOTION to Dismiss Amended Complaint filed by Christian Smalls. (Sussman, Michael) |
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| Friday, March 05, 2021 | ||
| 21 | 21
motion
Dismiss
Fri 03/05 5:14 PM
MOTION to Dismiss Amended Complaint by Amazon.com Services LLC. (Schwartz, Jason) |
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Att: 1
34 pgs
Memorandum in Support of Motion of Dismiss
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| 20 | 20
motion
Dismiss
Fri 03/05 4:32 PM
MOTION to Dismiss Amended Complaint by Amazon.com Services LLC. (Schwartz, Jason) |
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| Sunday, January 31, 2021 | ||
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order
Order on Motion for Pre Motion Conference
Sun 01/31 9:44 AM
ORDER denying15 motion for pre-motion conference. The Court has determined that a pre-motion conference is not necessary in this case. Defendants may file a motion to dismiss by 3/5/2021. Plaintiff's response is due 4/5/2021. Defendants' reply, if any, is due 4/19/2021. Ordered by Judge Rachel P. Kovner on 1/31/2021. (Kahwash, Sarah) |
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| Friday, January 08, 2021 | ||
| 19 | 19
service
Waiver of Service Executed
Fri 01/08 8:51 AM
WAIVER OF SERVICE Returned Executed by Christian Smalls. Amazon.com Services LLC waiver sent on 1/4/2021, answer due 3/5/2021. (Sussman, Michael) |
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| Tuesday, January 05, 2021 | ||
| 18 | 18
respm
Response to Motion
Tue 01/05 8:31 AM
RESPONSE to Motion re15 Letter MOTION for pre motion conference for Defendant's Motion to Dismiss filed by Christian Smalls. (Sussman, Michael) |
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utility
Email Test
Tue 01/05 3:38 PM
Email Notification Test - DO NOT REPLY (Levine, Evelyn) |
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| Monday, January 04, 2021 | ||
| 17 | 17
service
Summons Issued
Mon 01/04 11:45 AM
Summons Issued as to Amazon.com Services LLC. (Almonte, Giselle) |
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| Wednesday, December 30, 2020 | ||
| 16 | 16
notice
Notice of Appearance
Wed 12/30 6:43 PM
NOTICE of Appearance by Jason Schwartz on behalf of Amazon, Inc., Amazon.com Services LLC (notification declined or already on case) (Schwartz, Jason) |
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| Tuesday, December 29, 2020 | ||
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order
Order on Motion for Leave to Appear Pro Hac Vice
Tue 12/29 2:01 PM
ORDER granting13 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Roanne L. Mann on 12/29/2020. (GM) |
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| Monday, December 28, 2020 | ||
| 15 | 15
motion
Pre Motion Conference
Mon 12/28 4:50 PM
Letter MOTION for pre motion conference for Defendant's Motion to Dismiss by Amazon, Inc., Amazon.com Services LLC. (Levin, Gabriell) |
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| Monday, December 21, 2020 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Mon 12/21 1:50 PM
Corporate Disclosure Statement by Amazon, Inc., Amazon.com Services LLC identifying Corporate Parent Amazon.com, Inc. for Amazon.com Services LLC. (Levin, Gabriell) |
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| 13 | 13
motion
Appear Pro Hac Vice
Mon 12/21 1:43 PM
MOTION to Appear Pro Hac Vice by Jason C. Schwartz Filing fee $ 150, receipt number ANYEDC-13870441. by Amazon, Inc., Amazon.com Services LLC. (Schwartz, Jason) |
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Att: 1
Affidavit in Support,
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Att: 2
Certificate of Good Standing,
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Att: 3
Certificate of Good Standing,
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Att: 4
Certificate of Good Standing
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| 12 | 12
notice
Notice of Appearance
Mon 12/21 1:36 PM
NOTICE of Appearance by Zainab Ahmad on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Ahmad, Zainab) |
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| 11 | 11
notice
Notice of Appearance
Mon 12/21 1:33 PM
NOTICE of Appearance by Mylan Lee Denerstein on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Denerstein, Mylan) |
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| 10 | 10
notice
Notice of Appearance
Mon 12/21 1:31 PM
NOTICE of Appearance by Gabriell Frances Levin on behalf of Amazon, Inc., Amazon.com Services LLC (aty to be noticed) (Levin, Gabriell) |
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| Wednesday, December 16, 2020 | ||
| 9 | 9
11
pgs
cmp
Amended Complaint
Wed 12/16 2:29 PM
AMENDED COMPLAINT against Amazon.com Services LLC, filed by Christian Smalls. (Sussman, Michael) |
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| 8 | 8
misc
Proposed Summons/Civil Cover Sheet
Wed 12/16 1:53 PM
Proposed Summons. Re7 Amended Complaint by Christian Smalls (Sussman, Michael) |
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| Monday, December 14, 2020 | ||
| 7 | 7
11
pgs
cmp
Amended Complaint
Mon 12/14 5:44 PM
AMENDED COMPLAINT against Amazon, Inc., filed by Christian Smalls. (Sussman, Michael) |
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| Wednesday, December 09, 2020 | ||
| 6 | 6
service
Summons Returned Executed
Wed 12/09 12:23 PM
SUMMONS Returned Executed by Christian Smalls. Amazon, Inc. served on 12/4/2020, answer due 12/28/2020. (Sussman, Michael) |
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| Tuesday, November 24, 2020 | ||
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order
Order Reassigning Case
Tue 11/24 3:57 PM
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Roanne L. Mann for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Roslynn R. Mauskopf on 11/24/2020. (Bowens, Priscilla) |
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| Friday, November 13, 2020 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 11/13 10:58 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Fri 11/13 10:57 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
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| 3 | 3
service
Summons Issued
Fri 11/13 10:57 AM
Summons Issued as to Amazon, Inc.. (Bowens, Priscilla) |
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| 2 | 2
misc
Proposed Summons/Civil Cover Sheet
Fri 11/13 10:26 AM
Proposed Summons.Civil Cover Sheet.. Re1 Complaint, Notice: Re: Incomplete Civil Cover Sheet, by Christian Smalls (Sussman, Michael) |
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Att: 1
2 pgs
Civil Cover Sheet
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notice
Notice: Re: Incomplete Civil Cover Sheet
Fri 11/13 10:21 AM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. This event can be uploaded under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
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utility
Case Assigned/Reassigned
Fri 11/13 10:54 AM
Case Assigned to Judge Rachel P. Kovner and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Thursday, November 12, 2020 | ||
| 1 | 1
10
pgs
cmp
Complaint
Thu 11/12 10:11 AM
COMPLAINT against Amazon, Inc. filing fee $ 400, receipt number ANYEDC-13670972 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Christian Smalls, on his own behalf and on behalf of class of similarly situated African American and Latina/o workers. (Sussman, Michael) |
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