Rosario v. Village of Port Chester Police Department et al
| New York Southern District Court | |
| Judge: | Cathy Seibel |
| Case #: | 7:21-cv-06493 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e-2e Job Discrimination (Unlawful Employment Practices) |
| Case Filed: | Jul 30, 2021 |
| Terminated: | Dec 09, 2022 |
| Last checked: Wednesday Jan 26, 2022 3:57 AM EST |
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Defendant
Luis A. Marino
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Represented By
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Defendant
Village of Port Chester
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Represented By
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Defendant
Village of Port Chester Police Department
350 N. Main St.
Port Chester, NY 10573 |
Represented By
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Plaintiff
Melissa Rosario
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Represented By
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| Docket last updated: 87 minutes ago |
| Monday, November 21, 2022 | ||
| 39 | 39
order
Order
Mon 11/21 12:50 PM
ORDER: It having been reported to this Court that the claims in this case have been settled, IT IS HEREBY ORDERED that this action is discontinued with prejudice but without costs; provided, however, that if settlement is not consummated within thirty days of the date of this order, Plaintiff may apply by letter within the thirty-day period for restoration of the action to the Calendar of the undersigned, in which event the action will be restored. SO ORDERED. (Signed by Judge Cathy Seibel on 12/9/2022) (mml) |
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order
Order
Mon 11/21 12:47 PM
LETTER addressed to Judge Cathy Seibel from Brian S. Sokoloff dated December 9, 2022 re: settlement. Document filed by Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Thursday, November 17, 2022 | ||
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order
Order
Thu 11/17 1:57 PM
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839. Access Code: 5999739. The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/17/2022) (tg) |
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order
Scheduling Order
Thu 11/17 10:40 AM
SCHEDULING ORDER: The Court has scheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on December 14, 2022 at 2:30 p.m. Counsel should have either: full independent settlement authority; principals present; or principals readily available by telephone. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY. SO ORDERED. ( Settlement Conference set for 12/14/2022 at 02:30 PM before Magistrate Judge Paul E. Davison.) (Signed by Magistrate Judge Paul E. Davison on 11/17/22) (yv) |
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| Monday, November 14, 2022 | ||
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pgs
order
Order Referring Case to Magistrate Judge
Mon 11/14 12:02 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Paul E. Davison. (Signed by Judge Cathy Seibel on 11/14/2022) (mml) |
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| Friday, November 11, 2022 | ||
| 34 | 34
misc
Letter
Fri 11/11 10:29 AM
JOINT LETTER addressed to Judge Cathy Seibel from Brian S. Sokoloff dated November 11, 2022 re: request for referral to Magistrate Judge for settlement conference. Document filed by Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Tuesday, October 18, 2022 | ||
| 32 | 32
motion
Extension of Time to Complete Discovery
Tue 10/18 1:19 PM
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Cathy Seibel from Laine A. Armstrong dated October 18, 2022. Document filed by Melissa Rosario..(Armstrong, Laine) |
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order
Order on Motion for Extension of Time to Complete Discovery
Tue 10/18 4:46 PM
ORDER denying32 Letter Motion for Extension of Time to Complete Discovery: I am happy to refer the parties to the Magistrate Judge for a settlement conference, but on this record I will not extend discovery. From what I can tell, the parties have done next to nothing in the last six months. If demands were timely made but not timely responded to, or the parties could not timely resolve any differences, that should have been brought to my attention on the timeline set forth in the scheduling order. It sure looks like both sides have squandered the time thus far allocated for discovery. They have three options. The parties may try again with much more detail about what exactly has been done and when, and why so little seems to have been done in the six months since the entry of the scheduling order. They can hurry up and finish fact discovery by 12/30/22 (as they have the option to extend the deposition cutoff by agreement as long as it does not affect the fact discovery cutoff). They can consent to the jurisdiction of the Magistrate Judge for all purposes, as the Magistrate Judge is likely to be more flexible. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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| Tuesday, May 03, 2022 | ||
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adr
Mediation Conference Scheduled
Tue 05/03 2:04 PM
SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 6/2/2022 at 10:00 AM in telephone or video conference.(mnp) |
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| Thursday, April 28, 2022 | ||
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adr
Mediation Conference Not Held
Thu 04/28 10:43 AM
MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 4/28/2022 was not held. Mediation Status due by 5/13/2022.(mnp) |
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| Friday, April 22, 2022 | ||
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order
Scheduling Order
Fri 04/22 4:45 PM
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Deposition due by 10/31/2022. Fact Discovery due by 12/30/2022. Expert Discovery due by 2/15/2023. Case Management Conference set for 1/11/2023 at 11:45 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 4/22/2022) (mml) |
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| 29 | 29
misc
Proposed Scheduling Order
Fri 04/22 10:01 AM
PROPOSED SCHEDULING ORDER. Document filed by Melissa Rosario..(Armstrong, Laine) |
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minutes
Scheduling Conference ~Util - Set Hearings
Fri 04/22 10:46 AM
Minute Entry for proceedings held before Judge Cathy Seibel: Scheduling Conference held on 4/22/2022. Plaintiff's counsel Laine Armstrong, Esq. appears telephonically. Defendants' counsel Brian Sokoloff, Esq. appears telephonically. Law Clerk Jane Ramage appears telephonically. Case Management Plan signed. The Court schedules the next status conference for January 11, 2023 at 11:45 a.m. Pre-Motion letter(s) to be submitted by December 28, 2022; opposition due January 4, 2023. See transcript. (Status Conference set for 1/11/2023 at 11:45 AM before Judge Cathy Seibel). (Court Reporter Tabitha Dente) (wc) |
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| Tuesday, April 19, 2022 | ||
| 28 | 28
misc
Letter
Tue 04/19 12:27 PM
LETTER addressed to Judge Cathy Seibel from Laine Alida Armstrong dated April 19, 2022 Document filed by Melissa Rosario..(Armstrong, Laine) |
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order
Order
Tue 04/19 10:44 AM
ORDER: On March 24, 2022, this Court scheduled a telephonic conference for today at 10:15 am. (ECF No. 24.) Neither attorney for Plaintiff appeared. Nor did either respond to an email from my courtroom deputy earlier in the morning or to a phone call placed when they did not call in for the conference. Mr. Soto and Ms. Armstrong are ORDERED to explain in writing, no later than 9 a.m. on April 20, 2002, why they failed to appear. The conference is rescheduled for April 22, 2022 at 10:15 am (by phone). The parties are directed to confer on a proposed scheduling order and submit it to the Court in advance. Should counsel for Plaintiff fail to submit the written explanation, confer on a scheduling order or attend the rescheduled conference, the case may be dismissed for failure to prosecute without further order. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy) |
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minutes
Scheduling Conference ~Util - Set Hearings
Tue 04/19 11:20 AM
Minute Entry for proceedings held before Judge Cathy Seibel: Scheduling Conference held on 4/19/2022. Defendants' counsel Brian Sokoloff, Esq. appears telephonically. Law Clerk Jane Ramage appears telephonically. Plaintiff's counsel does not appear. The Court will issue an Order for Plaintiff to explain to the Court the reason(s) for not appearing today. The Court re-schedules this Scheduling Conference for April 22, 2022 at 10:15 a.m. See transcript. (Scheduling Conference set for 4/22/2022 at 10:15 AM before Judge Cathy Seibel). (Court Reporter Tabitha Dente) (wc) |
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| Friday, April 01, 2022 | ||
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adr
Mediation Conference Scheduled
Fri 04/01 2:55 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/28/2022 at 10:00 AM in telephone or video conference.(mnp) |
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| Monday, March 28, 2022 | ||
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order
Memo Endorsement ~Util - Add and Terminate Attorneys
Mon 03/28 5:43 PM
MEMO ENDORSEMENT on re:25 Letter, filed by Village of Port Chester Police Department, Luis A. Marino, Village of Port Chester, Luis A. Marino. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate Xinlai Siu as counsel for Defendants. SO ORDERED. Attorney Xinlai Sui terminated. (Signed by Judge Cathy Seibel on 3/28/2022) (vfr) |
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misc
Letter
Mon 03/28 3:54 PM
LETTER addressed to Judge Cathy Seibel from Brian S. Sokoloff dated March 28, 2022 re: withdrawal of Xinlai Sui from ECF docket sheet. Document filed by Luis A. Marino, Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Thursday, March 24, 2022 | ||
| 24 | 24
notice
Notice of Hearing
Thu 03/24 11:26 AM
NOTICE OF COURT CONFERENCE: A Scheduling Conference is scheduled for April 19, 2022 at 10:15 a.m. (via telephone). Counsel should, to the extent possible, fill out the Courts Civil Case Discovery Plan and Scheduling Order (attached) by agreement, and file it on the ECF system in advance of the proceeding. Pursuant to Judge Seibel's Emergency Individual Rules and Practices in light of COVID-19, last revised on July 29, 2021, the parties are directed to attend by phone using the following information: Toll-Free Tele-conference number: (877) 336 1839 to call in and enter access code: 1047966#. Telephone Conference set for 4/19/2022 at 10:15 AM before Judge Cathy Seibel..(rro) |
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| Wednesday, March 23, 2022 | ||
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respoth
Amended Answer to Complaints
Wed 03/23 3:25 PM
AMENDED ANSWER to21 Amended Complaint, with JURY DEMAND. Document filed by Luis A. Marino, Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Tuesday, March 22, 2022 | ||
| 22 | 22
answer
Answer to Amended Complaint
Tue 03/22 6:53 PM
ANSWER to21 Amended Complaint, with JURY DEMAND. Document filed by Luis A. Marino, Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Tuesday, March 15, 2022 | ||
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adr
Mediation Conference Scheduled
Tue 03/15 11:57 AM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/28/2022 at 10:00 AM in telephone or video conference.(ah) |
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| Tuesday, March 01, 2022 | ||
| 21 | 21
cmp
Amended Complaint
Tue 03/01 4:16 PM
SECOND AMENDED COMPLAINT amending11 Amended Complaint, against Luis A. Marino, Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department with JURY DEMAND.Document filed by Melissa Rosario. Related document:11 Amended Complaint,..(Armstrong, Laine) |
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Att: 1
Exhibit A - EEOC Right to Sue Letter
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| Tuesday, February 01, 2022 | ||
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minutes
Pre-Motion Conference
Tue 02/01 2:11 PM
Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 2/1/2022. Plaintiff's counsel Laine Armstrong, Esq. appears telephonically. Defendants' counsel(s) Brian Sokoloff, Esq. and Richard Sui, Esq. appear telephonically. Law Clerk Jennifer Butwin appears telephonically. The Court grants Plaintiff leave to amend Complaint. Plaintiff's Amended Complaint to be submitted by March 1, 2022. Defendants' Motion to be submitted by March 22, 2022; Plaintiff's opposition due April 5, 2022; Defendants' reply due April 12, 2022. See transcript. (Court Reporter Angela O'Donnell) (wc) |
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| Tuesday, January 25, 2022 | ||
| 20 | 20
misc
Letter
Tue 01/25 6:10 PM
LETTER addressed to Judge Cathy Seibel from Laine A. Armstrong dated January 25, 2022 re: Opposition to Pre-motion Letter. Document filed by Melissa Rosario..(Armstrong, Laine) |
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| Tuesday, January 04, 2022 | ||
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adr
Notice of Mediator Assignment
Tue 01/04 4:46 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/3/2022.(ah) |
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| Monday, January 03, 2022 | ||
| 18 | 18
motion
Conference Leave to File Document
Mon 01/03 5:47 PM
LETTER MOTION for Conference re:11 Amended Complaint, addressed to Judge Cathy Seibel from Brian S. Sokoloff dated January 3, 2022., LETTER MOTION for Leave to File 12(b)(6) motion to dismiss addressed to Judge Cathy Seibel from Brian S. Sokoloff dated January 3, 2022. Document filed by Luis A. Marino..(Sokoloff, Brian) |
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order
Order on Motion for Conference Order on Motion for Leave to File Document
Mon 01/03 7:47 PM
ORDER granting18 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 2/1/2022 at 10:00 AM. Plaintiff shall respond to Defendant's letter no later than 1/25/2022. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) |
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| Thursday, December 30, 2021 | ||
| 17 | 17
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order
Order of Automatic Referral to Mediation
Mon 01/03 10:21 AM
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/10/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt) |
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answer
Answer to Amended Complaint
Thu 12/30 5:21 PM
ANSWER to11 Amended Complaint, with JURY DEMAND. Document filed by Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Wednesday, November 10, 2021 | ||
| 15 | 15
notice
Notice of Appearance
Wed 11/10 9:58 AM
NOTICE OF APPEARANCE by Xinlai Sui on behalf of Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sui, Xinlai) |
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| Monday, November 08, 2021 | ||
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service
Waiver of Service Executed
Mon 11/08 3:04 PM
WAIVER OF SERVICE RETURNED EXECUTED. Village of Port Chester Police Department waiver sent on 11/3/2021, answer due 1/3/2022. Document filed by Village of Port Chester..(Sokoloff, Brian) |
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service
Waiver of Service Executed
Mon 11/08 3:02 PM
WAIVER OF SERVICE RETURNED EXECUTED. Luis A. Marino waiver sent on 11/3/2021, answer due 1/3/2022. Document filed by Luis A. Marino..(Sokoloff, Brian) |
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notice
Notice of Appearance
Mon 11/08 3:01 PM
NOTICE OF APPEARANCE by Brian S. Sokoloff on behalf of Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department..(Sokoloff, Brian) |
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| Wednesday, October 27, 2021 | ||
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 10/27 12:41 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laine Alida Armstrong re: Document No. 11 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Luis A. Marino must be added again with party text 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) |
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utility
Add Party for Pleading
Wed 10/27 1:17 PM
ADD PARTY FOR PLEADING. Defendants/Respondents Luis A. Marino added. Party added pursuant to11 Amended Complaint,.Document filed by Melissa Rosario. Related document:11 Amended Complaint,..(Armstrong, Laine) |
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| Tuesday, October 26, 2021 | ||
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cmp
Amended Complaint
Tue 10/26 2:38 PM
AMENDED COMPLAINT amending10 Amended Complaint,1 Complaint, against Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department with JURY DEMAND.Document filed by Melissa Rosario. Related document:10 Amended Complaint,1 Complaint,..(Armstrong, Laine) |
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Att: 1
Exhibit A - EEOC Right to Sue Letter
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misc
Notice to Attorney Regarding Deficient Pleading
Tue 10/26 1:24 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Laine Alida Armstrong to RE-FILE Document No. 10 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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| Monday, October 25, 2021 | ||
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cmp
Amended Complaint
Mon 10/25 3:48 PM
FIRST AMENDED COMPLAINT amending1 Complaint, against Melissa Rosario with JURY DEMAND.Document filed by Melissa Rosario. Related document:1 Complaint,..(Armstrong, Laine) |
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| Friday, July 30, 2021 | ||
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NOTICE OF APPEARANCE by Richard Soto on behalf of Melissa Rosario..(Soto, Richard)
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REQUEST FOR ISSUANCE OF SUMMONS as to Village of Port Chester, re:1 Complaint,. Document filed by Melissa Rosario..(Armstrong, Laine)
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REQUEST FOR ISSUANCE OF SUMMONS as to Luis A. Marino, re:1 Complaint,. Document filed by Melissa Rosario..(Armstrong, Laine)
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REQUEST FOR ISSUANCE OF SUMMONS as to Village of Port Chester Police Department, re:1 Complaint,. Document filed by Melissa Rosario..(Armstrong, Laine)
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CIVIL COVER SHEET filed..(Armstrong, Laine)
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COMPLAINT against Luis A. Marino, Village of Port Chester, Village of Port Chester Police Department. (Filing Fee $ 402.00, Receipt Number ANYSDC-24870271)Document filed by Melissa Rosario..(Armstrong, Laine)
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Att: 1
Exhibit A - EEOC Right to Sue Letter
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