Henry v. The Hertz Corporation
New Hampshire District Court | |
Judge: | Andrea K Johnstone |
Case #: | 1:23-cv-00203 |
Nature of Suit | 442 Civil Rights - Employment |
Cause | 29:626 Job Discrimination (Age) |
Case Filed: | Mar 22, 2023 |
Terminated: | Dec 27, 2024 |
Last checked: Monday Sep 18, 2023 5:13 AM EDT |
Defendant
The Hertz Corporation
Registered Agent 2 1/2 Beacon Street
Concord, NH 03301 |
Represented By
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Plaintiff
Hilary Henry
301 Walnut Street
Manchester, NH 03104 |
Represented By
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Docket last updated: 44 minutes ago |
Friday, December 27, 2024 | ||
utility
Terminate Civil Case
Fri 12/27 9:17 AM
Civil Case Terminated. (kad) |
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Thursday, December 26, 2024 | ||
44 | 44
![]() ///STIPULATION of Dismissal by The Hertz Corporation(Skelton, John) |
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Wednesday, December 18, 2024 | ||
notice
Case Settlement
Wed 12/18 2:35 PM
Attorney Sharilee Smentek advised case settled. Agreement for entry of judgment or a stipulation of dismissal to be filed within 30 days or the court will dismiss the case with prejudice. Case Settlement Deadline 1/17/2025. (lw) |
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Wednesday, December 11, 2024 | ||
43 | 43
![]() NOTICE of Attorney Withdrawal by Hillary Massey on behalf of The Hertz Corporation(Massey, Hillary) |
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42 | 42
![]() NOTICE of Attorney Withdrawal by Amy Resnick on behalf of The Hertz Corporatio |
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Friday, December 06, 2024 | ||
41 | 41
![]() NOTICE of Attorney Appearance by John R. Skelton on behalf of The Hertz Corporation Attorney John R. Skelton added to party The Hertz Corporation(pty:dft).(Skelton, John) |
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Tuesday, October 29, 2024 | ||
order
Order on Motion for Summary Judgment
Wed 10/30 9:35 AM
ENDORSED ORDER denying 33 Motion for Summary Judgment. Text of Order: Defendant's motion for summary judgment (Doc. No. 33) is denied pursuant to Fed. R. Civ. P. 56. There are genuine disputes of material fact regarding whether defendant's articulated legitimate, nondiscriminatory reason for not rehiring plaintiff (plaintiff's prior disrespect to the decisionmaker) is a pretext masking retaliation for plaintiff's prior complaint of age discrimination. See Mesnick v. Gen. Elec. Co., 950 F.2d 816, 827-28 (1st Cir. 1991) (noting that in the absence of direct evidence of age discrimination, the McDonnell Douglas burden-shifting framework governs retaliation claims under the Age Discrimination in Employment Act ("ADEA") and that circumstantial evidence of "differential treatment in the workplace", and of "comments by the employer which intimate a retaliatory mindset" can demonstrate retaliation to avoid summary judgment); see also Brandt v. Fitzpatrick, 957 F.3d 67, 81 (1st Cir. 2019) (noting that plaintiff must show "but-for" causation under the ADEA "that is that [she] would have been rehired in the absence of the protected complaints."). Plaintiff offered evidence of differential treatment and comments intimating a retaliatory mindset by the decisionmaker. See e.g., Decl. of Hilary Henry, Oct. 1, 2024, (Doc. No. 36-24) at paras. 33-36, 39-45. Thus, a reasonable jury could conclude that "but-for" plaintiff's prior complaint of age discrimination, plaintiff would have been rehired by defendant. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Tuesday, October 15, 2024 | ||
40 | 40
![]() SURREPLY to Reply to33 MOTION for Summary Judgment filed by Hilary Henry.(Douglass, Megan) |
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Thursday, October 10, 2024 | ||
order
Order on Motion to Extend Time to Object/Respond
Thu 10/10 9:26 AM
ENDORSED ORDER granting 39 Assented to MOTION to Extend Time to Object/Respond to 33 MOTION for Summary Judgment to 10/15/2024, Surreply Response. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Wednesday, October 09, 2024 | ||
39 | 39
![]() Assented to MOTION to Extend Time to Object/Respond to33 MOTION for Summary Judgment to 10/15/2024 , Surreply Response filed by Hilary Henry.(Douglass, Megan) |
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Tuesday, October 08, 2024 | ||
38 | 38
![]() REPLY to Objection to Motion re33 MOTION for Summary Judgment filed by The Hertz Corporation. Surreply due by 10/15/2024.(Massey, Hillary) |
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Tuesday, October 01, 2024 | ||
37 | 37
![]() RESPONSE re34 Memorandum in Support of Motion, Defendant Statement of Facts filed by Hilary Henry. (Douglass, Megan) |
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36 | 36
![]() OBJECTION to33 MOTION for Summary Judgment filed by Hilary Henry. Follow up on Reply on 10/8/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Douglass, Megan) |
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order
Order on Motion to Extend Time to Object/Respond
Tue 10/01 1:23 PM
ENDORSED ORDER granting 35 Assented to MOTION to Extend Time to Object/Respond to 33 MOTION for Summary Judgment to 10/1/2024. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Monday, September 30, 2024 | ||
35 | 35
![]() Assented to MOTION to Extend Time to Object/Respond to33 MOTION for Summary Judgment to 10/1/2024 filed by Hilary Henry.(Douglass, Megan) |
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Tuesday, September 03, 2024 | ||
notice
ECF - Filing Error - Info Only
Tue 09/03 9:12 AM
NOTICE of ECF Filing Error - NO ACTION REQUIRED - re:34 Memorandum in Support of Motion, filed by The Hertz Corporation. Document should have been filed as an attachment to the main document (AP 2.5(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad) |
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notice
ECF - Filing Error - Action Required
Tue 09/03 9:21 AM
DOCKETED IN ERROR. DISREGARD. NOTICE of ECF Filing Error - ACTION REQUIRED - re:34 Memorandum in Support of Motion filed by The Hertz Corporation,33 MOTION for Summary Judgment filed by The Hertz Corporation. Pursuant to LR 83.2(b) local counsel "...shall sign all filings submitted to the court..." Filer shall file a signature page signed by local counsel using the Other Filings/Other Documents/Addendum event and link it to the Motion (33) and Memorandum (34). If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 9/10/2024.(kad) Modified on 9/3/2024 to add text: "DOCKETED IN ERROR. DISREGARD." (kad) |
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NOTICE of ECF Filing Error - NO ACTION REQUIRED - re:34 Memorandum in Support of Motion, filed by The Hertz Corporation. Document should have been filed as an attachment to the main document (AP 2.5(a). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad) (Entered: 09/03/2024) | ||
DOCKETED IN ERROR. DISREGARD. NOTICE of ECF Filing Error - ACTION REQUIRED - re:34 Memorandum in Support of Motion filed by The Hertz Corporation,33 MOTION for Summary Judgment filed by The Hertz Corporation. Pursuant to LR 83.2(b) local counsel "...shall sign all filings submitted to the court..." Filer shall file a signature page signed by local counsel using the Other Filings/Other Documents/Addendum event and link it to the Motion (33) and Memorandum (34). If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 9/10/2024.(kad) Modified on 9/3/2024 to add text: "DOCKETED IN ERROR. DISREGARD." (kad). | ||
Friday, August 30, 2024 | ||
34 | 34
![]() MEMORANDUM in Support re33 MOTION for Summary Judgment filed by The Hertz Corporation.(Massey, Hillary) |
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33 | 33
![]() MOTION for Summary Judgment filed by The Hertz Corporation.Follow up on Objection on 9/30/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Massey, Hillary) |
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Tuesday, July 30, 2024 | ||
32 | 32
![]() Assented to MOTION to Withdraw24 MOTION to Compel Responses to Document Production Requests filed by Hilary Henry.(Douglass, Megan) |
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order
Order on Motion to Withdraw
Wed 07/31 8:23 AM
ENDORSED ORDER granting 32 Assented to MOTION to Withdraw 24 MOTION to Compel Responses to Document Production Requests. Text of Order: Granted. The 8/5/2024 hearing is cancelled. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Monday, July 22, 2024 | ||
order
Order on Motion to Compel
Mon 07/22 2:35 PM
ENDORSED ORDER re: 24 MOTION to Compel Responses to Document Production Requests. Text of Order: The clerk's office shall schedule a hearing on the motion to compel (24). So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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notice
Motion Hearing
Mon 07/22 2:44 PM
NOTICE re:24 MOTION to Compel Responses to Document Production Requests. Motion Hearing set for 8/5/2024 10:30 AM before US Magistrate Judge Andrea K Johnstone.(kad) |
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Friday, July 19, 2024 | ||
31 | 31
![]() RESPONSE to Motion re24 MOTION to Compel Responses to Document Production Requests filed by The Hertz Corporation.(Massey, Hillary) |
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Monday, July 15, 2024 | ||
order
Order on Motion to Continue and Extend Deadlines
Mon 07/15 1:24 PM
ENDORSED ORDER granting 30 Joint Assented to MOTION to Continue and Extend Deadlines Close of Discovery Deadline and Reset Briefing Schedule on Dispositive Motions. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Monday, July 08, 2024 | ||
30 | 30
![]() Joint Assented to MOTION to Continue and Extend Deadlines Close of Discovery Deadline and Reset Briefing Schedule on Dispositive Motions filed by The Hertz Corporation.(Massey, Hillary) |
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Tuesday, July 02, 2024 | ||
order
Order on Motion to Extend Time to Object/Respond
Tue 07/02 11:59 AM
ENDORSED ORDER granting: 29 Assented to MOTION to Extend Time to Object/Respond to 24 MOTION to Compel Responses to Document Production Requests to 07/19/2024 Text of Order: Granted So Ordered by US Magistrate Judge Andrea K Johnstone. (bd) |
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Monday, July 01, 2024 | ||
29 | 29
![]() Assented to MOTION to Extend Time to Object/Respond to24 MOTION to Compel Responses to Document Production Requests to 07/19/2024 filed by The Hertz Corporation.(Massey, Hillary) |
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Monday, June 24, 2024 | ||
order
Order on Motion to Extend Time
Mon 06/24 1:02 PM
ENDORSED ORDER granting: 28 MOTION to Extend Time to File Response to Plaintiff's Motion to Compel Responses to Document Production Request UNOPPOSED. Text of Order: Granted So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 7/1/2024. (bd) |
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Friday, June 21, 2024 | ||
28 | 28
![]() MOTION to Extend Time to File Response to Plaintiff's Motion to Compel Responses to Document Production Request UNOPPOSED filed by The Hertz Corporation.Follow up on Objection on 7/5/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Massey, Hillary) |
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Monday, June 10, 2024 | ||
27 | 27
![]() MOTION to Extend Time to File Response to Plaintiff's Motion to Compel Responses to Document Production Requests (UNOPPOSED) filed by The Hertz Corporation.Follow up on Objection on 6/24/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Massey, Hillary) |
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order
Order on Motion to Extend Time
Mon 06/10 3:20 PM
ENDORSED ORDER granting 27 MOTION to Extend Time to File Response to Plaintiff's Motion to Compel Responses to Document Production Requests (UNOPPOSED). Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 6/24/2024. (kad) |
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Friday, May 31, 2024 | ||
26 | 26
order
Order on Motion to Continue and Extend Deadlines
Mon 06/03 9:50 AM
ENDORSED ORDER granting 25 Assented to MOTION to Continue and Extend Deadlines Discovery and Dispositive Motion Deadlines. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. (kad) |
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Tuesday, May 28, 2024 | ||
25 | 25
![]() Assented to MOTION to Continue and Extend Deadlines Discovery and Dispositive Motion Deadlines filed by Hilary Henry.(Douglass, Megan) |
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Saturday, May 25, 2024 | ||
24 | 24
![]() MOTION to Compel Responses to Document Production Requests filed by Hilary Henry. HEARING REQUESTED. Follow up on Objection on 6/10/2024. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Douglass, Megan) |
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Friday, March 29, 2024 | ||
23 | 23
![]() Joint Statement Regarding Mediation by The Hertz Corporation(Massey, Hillary) |
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Tuesday, February 13, 2024 | ||
22 | 22
![]() Addendum/ to21 Joint Assented to MOTION to Continue and Extend Deadlines Deadlines Established in the Court's June 14, 2023 Scheduling Order by Hilary Henry. (Douglass, Megan) |
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21 | 21
![]() Joint Assented to MOTION to Continue and Extend Deadlines Deadlines Established in the Court's June 14, 2023 Scheduling Order filed by The Hertz Corporation.(Massey, Hillary) |
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order
Order on Motion to Continue and Extend Deadlines
Tue 02/13 3:24 PM
ENDORSED ORDER granting 21 Joint Assented to MOTION to Continue and Extend Deadlines Deadlines Established in the Court's June 14, 2023 Scheduling Order. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. (kad) |
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notice
Trial Notice
Tue 02/13 3:32 PM
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 1/22/2025 09:30 AM before US Magistrate Judge Andrea K Johnstone. Final Pretrial Conference set for 1/7/2025 10:00 AM before US Magistrate Judge Andrea K Johnstone. Pretrial Statements due 12/23/2024. JERS Statement due 12/23/2024. LR 16.2(d) Objections due 1/6/2025.(kad) |
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Monday, February 12, 2024 | ||
20 | 20
![]() NOTICE of Attorney Appearance by Hillary Massey on behalf of The Hertz Corporation Attorney Hillary Massey added to party The Hertz Corporation(pty:dft).(Massey, Hillary) |
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Tuesday, January 30, 2024 | ||
order
Endorsed Order - not on motion
Tue 01/30 8:20 AM
ENDORSED ORDER re: 19 Status Report. Text of Order: Reviewed. Based on the representations made by counsel in their joint statement, the court understands that there are no current or anticipated discovery disputes and that discovery will close and this matter will proceed to trial as scheduled. The parties shall notify the court promptly if there is any change in case status that may result in a request to extend deadlines or continue trial and request case management conference, as may be appropriate. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Monday, January 29, 2024 | ||
19 | 19
![]() STATUS REPORT by The Hertz Corporation : Joint Discovery Status Repor |
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Wednesday, December 13, 2023 | ||
18 | 18
![]() NOTICE of Attorney Appearance by Megan E. Douglass on behalf of Hilary Henry Attorney Megan E. Douglass added to party Hilary Henry(pty:pla).(Douglass, Megan) |
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Monday, December 11, 2023 | ||
17 | 17
![]() PROTECTIVE ORDER. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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16 | 16
![]() Assented to MOTION for Protective Order filed by The Hertz Corporation. |
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order
Order on Motion for Protective Order
Tue 12/12 9:57 AM
ENDORSED ORDER granting 16 Assented to MOTION for Protective Order. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Tuesday, August 08, 2023 | ||
order
Endorsed Order - not on motion
Tue 08/08 3:48 PM
ENDORSED ORDER 15 Supplemental Statement Regarding ESI. Text of Order: Reviewed and incorporated by reference into the court's scheduling order. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad) |
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Monday, August 07, 2023 | ||
15 | 15
![]() Supplemental Statement Regarding ESI by The Hertz Corporatio |
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Thursday, June 15, 2023 | ||
notice
Trial Notice
Thu 06/15 9:16 AM
TRIAL NOTICE: Jury Selection/Trial set for two week period beginning 9/17/2024 09:30 AM before US Magistrate Judge Andrea K Johnstone. Final Pretrial Conference set for 9/3/2024 10:30 AM before US Magistrate Judge Andrea K Johnstone. Pretrial Statements due 8/16/2024. JERS Statement due 8/16/2024. LR 16.2(d) Objections due 8/30/2024. (kad) |
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Wednesday, June 14, 2023 | ||
14 | 14
![]() ORDER approving with changes 12 Discovery Plan. PRETRIAL CONFERENCE CANCELLED. So Ordered by US Magistrate Judge Andrea K Johnstone. Summary Judgment Motions due by 5/6/2024. Dispositive Motion Filing Deadline 9/13/2023. Discovery deadline 3/29/2024. Joint Statement regarding the status of discovery due by 1/29/2024. Mediation Follow Up on 2/23/2024.(kad) |
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Thursday, June 08, 2023 | ||
13 | 13
![]() NOTICE of Attorney Appearance by Katherine Mendez on behalf of The Hertz Corporation Attorney Katherine Mendez added to party The Hertz Corporation(pty:dft).(Mendez, Katherine) |
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Tuesday, June 06, 2023 | ||
12 | 12
![]() Proposed Discovery Plan filed by The Hertz Corporation. In cases assigned to the Magistrate Judge, plaintiff, or the removing defendant if the case was initiated by a Notice of Removal, is responsible for filing a consent form on or before the deadline for filing the Discovery Plan using the Other Documents/Magistrate Judge Assignment--Consent/Objection event. |
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Tuesday, May 23, 2023 | ||
11 | 11
![]() CONSENT to Jurisdiction by U.S. Magistrate Judge for all purposes including trial. (Meyer, H.) |
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Friday, May 19, 2023 | ||
10 | 10
![]() ANSWER to1 Complaint - New Case with jury demand DEFENDANTS ANSWER AND DEFENSES TO COMPLAINT AND DEMAND FOR TRIAL BY JURY filed by The Hertz Corporation |
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notice
Pretrial Conference
Fri 05/19 3:17 PM
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/21/2023 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/14/2023. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan. (bd) |
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Wednesday, May 17, 2023 | ||
9 | 9
![]() NOTICE of Attorney Appearance by Sharilee Smentek on behalf of The Hertz Corporation Attorney Sharilee Smentek added to party The Hertz Corporation(pty:dft).(Smentek, Sharilee) |
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Tuesday, May 16, 2023 | ||
order
Order on Motion to Appear Pro Hac Vice
Tue 05/16 3:05 PM
ENDORSED ORDER granting: 7 Assented to MOTION for Katherine Mendez to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
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order
Order on Motion to Appear Pro Hac Vice
Tue 05/16 3:06 PM
ENDORSED ORDER granting: 8 Assented to MOTION for SHARILEE SMENTEK to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd) |
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Monday, May 15, 2023 | ||
8 | 8
![]() Assented to MOTION for SHARILEE SMENTEK to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2379594.) filed by The Hertz Corporation. |
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7 | 7
![]() Assented to MOTION for Katherine Mendez to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2379560.) filed by The Hertz Corporation. |
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6 | 6
![]() Disclosure Statement by The Hertz Corporation disclosing a parent company, no publicly traded company, and no merger agreement. |
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5 | 5
![]() NOTICE of Attorney Appearance by Amy Resnick on behalf of The Hertz Corporation Attorney Amy Resnick added to party The Hertz Corporation(pty:dft) |
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notice
Pretrial Conference
Mon 05/15 4:18 PM
NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 6/15/2023 10:00 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/8/2023. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan.(kad) |
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Monday, April 24, 2023 | ||
utility
Set Deadlines PUBLIC
Mon 04/24 9:25 AM
Set Deadline(s): Disclosure Statement re The Hertz Corporation due 5/25/2023. (kad) |
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Tuesday, March 28, 2023 | ||
4 | 4
![]() WAIVER OF SERVICE Returned Executed as to The Hertz Corporation by Hilary Henry. Served/Mailed on 3/23/2023. Answer Follow Up on 5/25/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Meyer, H.) |
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Thursday, March 23, 2023 | ||
3 | 3
![]() Summons and Waiver issued electronically as to The Hertz Corporation. NOTICE: Counsel shall print and serve the summons and waiver and all attachments in accordance with Fed. R. Civ. P. 4. NOTICE of Assignment to Magistrate Judge attached.(mc) |
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notice
Notice - ECF
Thu 03/23 9:15 AM
NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click [LINK:HERE] . (mc) |
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Wednesday, March 22, 2023 | ||
2 | 2
![]() NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to plaintiff for service on all parties. MJ Consent Form Due 5/11/2023. (mc) |
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1 | 1
![]() NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 402, receipt number ANHDC-2360638 filed by Hilary Henry.(Meyer, H.) |
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utility
Case Assigned
Thu 03/23 9:14 AM
Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-203-AJ. Please show this number with the judge designation on all future pleadings. Disclosure Statement for The Hertz Company due 4/21/2023. T (mc) |