CUEVAS v. CAMDEN IRON & METAL, INC. et al
| New Jersey District Court | |
| Judge: | Renee Marie Bumb |
| Referred: | Elizabeth A Pascal |
| Case #: | 1:23-cv-20830 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000 Job Discrimination (Race) |
| Case Filed: | Oct 02, 2023 |
| Last checked: Saturday Mar 30, 2024 5:32 AM EDT |
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Defendant
CAMDEN IRON & METAL, INC.
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Represented By
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Defendant
EMR (USA HOLDINGS) INC.
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Represented By
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Defendant
EMR ADVANCED RECYCLING, LLC
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Represented By
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Defendant
MY AUTO STORE, LLC
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Represented By
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Plaintiff
WILFREDO CUEVAS
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Represented By
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| Docket last updated: 3 hours ago |
| Friday, April 11, 2025 | ||
| 46 | 46
notice
Notice to Withdraw from NEF as to Case
Fri 04/11 8:27 AM
Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney SARAH MARTINEZ terminated. (MARTINEZ, SARAH) |
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| Wednesday, April 09, 2025 | ||
| 45 | 45
notice
Notice of Appearance
Wed 04/09 5:23 PM
NOTICE of Appearance by JORDYN KOPCOW on behalf of WILFREDO CUEVAS (KOPCOW, JORDYN) |
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| Wednesday, March 26, 2025 | ||
| 44 | 44
notice
Notice to Withdraw from NEF as to Case
Wed 03/26 10:27 AM
Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney W. CHARLES SIPIO terminated. (SIPIO, W.) |
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| Wednesday, March 19, 2025 | ||
| 43 | 43
notice
Notice of Appearance
Wed 03/19 2:29 PM
NOTICE of Appearance by BENJAMIN DAVID SALVINA on behalf of WILFREDO CUEVAS (SALVINA, BENJAMIN) |
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| Monday, March 03, 2025 | ||
| 42 | 42
respm
Reply to Response to Motion
Mon 03/03 8:17 PM
REPLY to Response to Motion filed by All Defendants re36 MOTION for Summary Judgment (TERIS, BENJAMIN) |
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Att: 1
Statement Response to Plaintiff's Counterstatement of Material Facts,
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Att: 2
Exhibit Reply Exhibit 1
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| Thursday, February 20, 2025 | ||
| 41 | 41
1
pgs
order
Order
Thu 02/20 3:55 PM
LETTER ORDER Granting Defendants' request for an additional seven days to file their reply papers, to March 3, 2025. Signed by Chief Judge Renee Marie Bumb on 2/20/2025. (sms2) |
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| 40 | 40
misc
Letter
Thu 02/20 9:34 AM
Letter from Benjamin S. Teris, Esq. Requesting Extension to File Reply Papers re36 MOTION for Summary Judgment ,39 Response in Opposition to Motion,,38 Letter Rule 7.1. (TERIS, BENJAMIN) |
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| Tuesday, February 18, 2025 | ||
| 39 | 39
respm
Response in Opposition to Motion
Tue 02/18 6:04 PM
RESPONSE in Opposition filed by WILFREDO CUEVAS re36 MOTION for Summary Judgment (MARTINEZ, SARAH) |
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Att: 1
Response to Defendants' Statement of Material Facts,
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Att: 2
Plaintiff's Counterstatement of Material Facts,
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Att: 3
Text of Proposed Order,
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Att: 4
Certificate of Service,
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Att: 5
Exhibit A,
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Att: 6
Exhibit B,
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Att: 7
Exhibit C,
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Att: 8
Exhibit D,
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Att: 9
Exhibit E,
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Att: 10
Exhibit F,
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Att: 11
Exhibit G,
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Att: 12
Exhibit H,
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Att: 13
Exhibit I,
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Att: 14
Exhibit J,
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Att: 15
Exhibit K,
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Att: 16
Exhibit L,
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Att: 17
Exhibit M,
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Att: 18
Exhibit N,
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Att: 19
Exhibit O,
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Att: 20
Exhibit P,
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Att: 21
Exhibit Q,
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Att: 22
Exhibit R,
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Att: 23
Exhibit S,
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Att: 24
Exhibit T,
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Att: 25
Exhibit U,
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Att: 26
Exhibit V,
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Att: 27
Exhibit W,
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Att: 28
Exhibit X
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| Thursday, January 30, 2025 | ||
| 38 | 38
respm
Letter Rule 7.1
Thu 01/30 1:47 PM
Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re36 MOTION for Summary Judgment . (SIPIO, W.) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Fri 01/31 11:32 AM
Reset Deadlines as to36 MOTION for Summary Judgment . Motion set for 3/3/2025 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mag) |
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| Monday, January 27, 2025 | ||
| 37 | 37
order
Order
Mon 01/27 12:36 PM
TEXT ORDER: Given that the Defendants have filed a dispositive motion, ECF No. 36, the status conference previously scheduled for February 4, 2025, at 11:00 a.m. is ADJOURNED . The Court will schedule the next status conference in this matter, if necessary, after Defendants' motion is decided. So Ordered by Magistrate Judge Elizabeth A. Pascal on 1/27/2025. (bda) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 01/27 8:48 AM
Set Deadlines as to36 MOTION for Summary Judgment. Motion set for 2/18/2025 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) |
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| Friday, January 24, 2025 | ||
| 36 | 36
motion
Summary Judgment
Fri 01/24 4:30 PM
MOTION for Summary Judgment by CAMDEN IRON & METAL, INC., EMR ADVANCED RECYCLING, LLC, MY AUTO STORE, LLC, EMR (USA HOLDINGS) INC.. Responses due by 2/4/2025.(TERIS, BENJAMIN) |
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Att: 1
Statement Statement of Material Facts in Support of Motion for Summary Judgment,
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Att: 2
Brief Memorandum of Law in Support of Motion for Summary Judgment,
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Att: 3
Text of Proposed Order Proposed form of Order,
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Att: 4
Index Index of Exhibits,
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Att: 5
Exhibit Exhibit A - Excerpts from EMR Employee Handbook,
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Att: 6
Exhibit Exhibit B - July 5, 2022 Advanced Recycling Offer Letter,
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Att: 7
Exhibit Exhibit C - Excerpts from the Transcript of Jose "Mario" Rodriguez's Deposition,
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Att: 8
Exhibit Exhibit D - Excerpts from the Transcript of Day 1 of Plaintiff's Deposition,
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Att: 9
Exhibit Exhibit E - Excerpts from the Transcript of Day 2 of Plaintiff's Deposition,
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Att: 10
Exhibit Exhibit F - Dr. Charles Atkins October 3, 2022 Notes,
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Att: 11
Exhibit Exhibit G - Excerpts from the Transcript of Dr. Charles Atkins' Deposition,
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Att: 12
Exhibit Exhibit H - October 18, 2022 MAS Offer Letter,
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Att: 13
Exhibit Exhibit I - Third Class Dismantler Job Description,
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Att: 14
Exhibit Exhibit J - February 17, 2023 Employee Statement for Insurance Claim,
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Att: 15
Exhibit Exhibit K - March 3, 2023 Grievance Documents,
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Att: 16
Exhibit Exhibit L - Plaintiff's February 15, 2023 Doctor's Note,
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Att: 17
Exhibit Exhibit M - February 27, 2023 Email from Ebony Mosley to George Raroha,
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Att: 18
Exhibit Exhibit N - Plaintiff March 13, 2023 Doctor's Note,
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Att: 19
Exhibit Exhibit O - Plaintiff Call-Out Records,
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Att: 20
Exhibit Exhibit P - Plaintiff Payroll Records,
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Att: 21
Exhibit Exhibit Q - April 25, 2023 Correspondence From FMLASource to Plaintiff,
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Att: 22
Exhibit Exhibit R - Excerpts From Transcript of the Deposition of Ebony Mosley,
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Att: 23
Exhibit Exhibit S - April 27, 2023 Text Message On Behalf of Plaintiff to E. Mosley,
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Att: 24
Exhibit Exhibit T - October 2, 2023 Complaint (ECF No. 1)
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| Thursday, January 16, 2025 | ||
| 35 | 35
notice
Notice of Appearance
Thu 01/16 3:16 PM
NOTICE of Appearance by SARAH MARTINEZ on behalf of WILFREDO CUEVAS (MARTINEZ, SARAH) |
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| Monday, December 16, 2024 | ||
| 34 | 34
order
Order ~Util - Set Hearings
Mon 12/16 10:44 AM
TEXT ORDER: The Court having conducted a telephone status conference with the parties, and for good cause shown, it is ORDERED that the scheduling deadlines in the Court's November 27, 2024 Order, ECF No. 32, shall remain in effect. The Court will conduct a telephone status conference on February 4, 2025, at 11:00 a.m. Counsel shall dial 1-856-210-8988, access code 152101383# to join the call. The Court will adjourn the status conference if dispositive motions are filed. So Ordered by Magistrate Judge Elizabeth A. Pascal on 12/16/2024. (bda) |
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minutes
Status Conference
Mon 12/16 10:07 AM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Telephone Status Conference held on 12/16/2024. (bda) |
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| Friday, December 13, 2024 | ||
| 33 | 33
order
Order
Fri 12/13 4:50 PM
TEXT ORDER: Having reviewed the submissions of the parties, the Court CONVERTS the in-person settlement conference on December 16, 2024, at 10:00 a.m. to a telephone status conference . Counsel shall dial 1-856-210-8988, access code 125498721# to connect to the call. So Ordered by Magistrate Judge Elizabeth A. Pascal on 12/13/2024. (bda) |
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| Wednesday, November 27, 2024 | ||
| 32 | 32
order
Scheduling Order
Mon 12/02 9:14 AM
AMENDED SCHEDULING ORDER: As previously scheduled, the Court will conduct a settlement conference on 12/16/2024 at 10:00 AM in Camden - Room 2040 before Magistrate Judge Elizabeth A. Pascal. Dispositive Motions due by 1/24/2025. Signed by Magistrate Judge Elizabeth A. Pascal on 11/27/2024. (mag) |
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minutes
Status Conference
Wed 11/27 12:40 PM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Telephone Status Conference held on 11/27/2024. (bda) |
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| Monday, November 18, 2024 | ||
| 31 | 31
order
Order
Mon 11/18 12:59 PM
TEXT ORDER: The Court will hold a telephone status conference on November 27, 2024, at 12:30 p.m. , before Magistrate Judge Elizabeth A. Pascal. Counsel shall use the following dial-in instructions for the conference call: 1-856-210-8988, access code 555917259# . So Ordered by Magistrate Judge Elizabeth A. Pascal on 11/18/2024. (bda) |
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| 30 | 30
misc
Letter
Mon 11/18 10:15 AM
Letter from Plaintiff's Counsel re29 Letter. (MARTIN, SAMANTHA) |
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| Friday, November 15, 2024 | ||
| 29 | 29
misc
Letter
Fri 11/15 5:03 PM
Letter from Plaintiff re: Request to Extend Discovery. (MARTIN, SAMANTHA) |
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| Monday, September 16, 2024 | ||
| 28 | 28
order
Order on Motion for Extension of Time to Complete Discovery
Mon 09/16 3:48 PM
TEXT ORDER: By consent of the parties, and for good cause shown, Defendant's oral application on 9/16/2024 for an Extension of Time to Complete Discovery, is hereby GRANTED . So Ordered by Magistrate Judge Elizabeth A. Pascal on 9/16/2024. (bda) |
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| 27 | 27
motion
Extension of Time to Complete Discovery
Mon 09/16 3:44 PM
Defendant's oral application on 9/16/2024 for Extension of Time to Complete Discovery. (bda) |
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| 26 | 26
order
Scheduling Order
Mon 09/16 3:16 PM
AMENDED SCHEDULING ORDER: Pretrial Factual Discovery extended to 11/15/2024. Settlement Conference set for 12/16/2024 at 10:00 AM in Camden - Room 2040 before Magistrate Judge Elizabeth A. Pascal. Counsel are advised that the Court requires the client(s) and an agent or person with full settlement authority to attend the conference, etc. Signed by Magistrate Judge Elizabeth A. Pascal on 9/16/2024. (lm) |
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minutes
Status Conference
Mon 09/16 3:43 PM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Telephone Status Conference held on 9/16/2024. (bda) |
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| Friday, June 28, 2024 | ||
| 25 | 25
order
Scheduling Order
Fri 06/28 2:13 PM
AMENDED SCHEDULING ORDER: Telephone Status Conference set for 9/16/2024 at 10:30 AM before Magistrate Judge Elizabeth A. Pascal. Pretrial Factual Discovery due by 10/15/2024. Dispositive Motions due by 1/17/2025. Signed by Magistrate Judge Elizabeth A. Pascal on 6/25/2024. (dmr) |
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| Tuesday, June 25, 2024 | ||
| 24 | 24
order
Order on Motion for Extension of Time to Complete Discovery
Tue 06/25 3:54 PM
TEXT ORDER: By consent of the parties, and for good cause shown, the joint oral application on 6/25/2024 for an Extension of Time to Complete Discovery, is hereby GRANTED . An amended scheduling order shall issue. So Ordered by Magistrate Judge Elizabeth A. Pascal on 6/25/2024. (bda) |
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| 23 | 23
motion
Extension of Time to Complete Discovery
Tue 06/25 3:54 PM
Joint oral application on 6/25/2024 for Extension of Time to Complete Discovery. (bda) |
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minutes
Status Conference
Tue 06/25 11:46 AM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Telephone Status Conference held on 6/25/2024. (bda) |
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| Thursday, June 13, 2024 | ||
| 22 | 22
order
Order Reassigning Case
Thu 06/13 10:56 AM
TEXT ORDER REASSIGNING CASE. Case reassigned to Chief Judge Renee Marie Bumb for all further proceedings. Judge Robert B. Kugler no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 6/13/2024. (lm, ) |
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| Monday, April 15, 2024 | ||
| 21 | 21
order
Order
Mon 04/15 4:15 PM
TEXT ORDER: The Court having conducted a telephone status conference with the parties, and for good cause shown, it is ORDERED that the scheduling deadlines in the Court's January 24, 2024 Scheduling Order, ECF No. 17, shall remain in effect. The Court will conduct a telephone status conference on June 25, 2024, at 11:30 a.m. Counsel shall dial 1-856-210-8988, access code 598571222# to connect to the call. So Ordered by Magistrate Judge Elizabeth A. Pascal on 4/15/2024. (bda) |
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minutes
Status Conference
Mon 04/15 11:46 AM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Telephone Status Conference held on 4/15/2024. (bda) |
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| Tuesday, February 20, 2024 | ||
| 20 | 20
order
Discovery Confidentiality Order
Wed 02/21 10:40 AM
Discovery Confidentiality Order. Signed by Magistrate Judge Elizabeth A. Pascal on 2/20/2024. (mag) |
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| Friday, February 16, 2024 | ||
| 19 | 19
misc
Letter
Fri 02/16 5:05 PM
Letter from Benjamin S. Teris, Esq. Enclosing Discovery Confidentiality Order. (TERIS, BENJAMIN) |
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| Friday, February 02, 2024 | ||
| 18 | 18
misc
Letter
Fri 02/02 1:18 PM
Letter from W. Charles Sipio, Esq.. (SIPIO, W.) |
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| Thursday, January 25, 2024 | ||
| 17 | 17
order
Scheduling Order
Thu 01/25 3:42 PM
SCHEDULING ORDER: Telephone Status Conference set for 4/15/2024 at 11:30 AM before Magistrate Judge Elizabeth A. Pascal. Amended Pleadings due by 4/30/2024. Pretrial Factual Discovery due by 8/12/2024. Dispositive Motions due by 9/13/2024. Signed by Magistrate Judge Elizabeth A. Pascal on 1/24/2024. (mag) |
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| Wednesday, January 24, 2024 | ||
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minutes
Pretrial Conference - Initial
Wed 01/24 11:40 AM
Minute Entry for proceedings held before Magistrate Judge Elizabeth A. Pascal: Initial Pretrial Conference held on 1/24/2024. (bda) |
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| Friday, January 12, 2024 | ||
| 16 | 16
discov
Joint Discovery Plan
Fri 01/12 4:52 PM
Joint Discovery Plan by WILFREDO CUEVAS.(MARTIN, SAMANTHA) |
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| Wednesday, December 27, 2023 | ||
| 15 | 15
order
Order
Wed 12/27 10:37 AM
TEXT ORDER: The initial scheduling conference on 1/24/2023, at 10:00 a.m. shall be conducted In-Person . All counsel shall report to the Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Courtroom 5C , Camden, New Jersey 08101 . Additionally, the joint discovery plan is due 3 days prior to the conference and shall be filed on the docket. So Ordered by Magistrate Judge Elizabeth A. Pascal on 12/27/2023. (bda) |
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| 14 | 14
6
pgs
order
Order Initial Scheduling Conference (Camden)
Wed 12/27 10:34 AM
Order Initial Conference set for 1/24/2023 at 10:00 AM by Teleconference before Magistrate Judge Elizabeth A. Pascal. Signed by Magistrate Judge Elizabeth A. Pascal on 12/27/2023. (ssp, ) |
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| Monday, December 18, 2023 | ||
| 13 | 13
misc
Corporate Disclosure Statement (aty)
Mon 12/18 4:43 PM
Corporate Disclosure Statement by MY AUTO STORE, LLC identifying EMR Financing LLC as Corporate Parent.. (TERIS, BENJAMIN) |
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| 12 | 12
misc
Corporate Disclosure Statement (aty)
Mon 12/18 4:42 PM
Corporate Disclosure Statement by EMR ADVANCED RECYCLING, LLC identifying EMR Eastern LLC as Corporate Parent.. (TERIS, BENJAMIN) |
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| 11 | 11
misc
Corporate Disclosure Statement (aty)
Mon 12/18 4:40 PM
Corporate Disclosure Statement by EMR (USA HOLDINGS) INC. identifying European Metal Recycling USA Limited as Corporate Parent.. (TERIS, BENJAMIN) |
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| 10 | 10
misc
Corporate Disclosure Statement (aty)
Mon 12/18 4:38 PM
Corporate Disclosure Statement by CAMDEN IRON & METAL, INC. identifying CAMDEN IRON & METAL LLC as Corporate Parent.. (TERIS, BENJAMIN) |
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| 9 | 9
answer
Answer to Complaint
Mon 12/18 4:25 PM
DEFENDANTS' ANSWER to Complaint by CAMDEN IRON & METAL, INC., EMR (USA HOLDINGS) INC., EMR ADVANCED RECYCLING, LLC, MY AUTO STORE, LLC.(TERIS, BENJAMIN) |
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| 8 | 8
2
pgs
order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 12/18 3:50 PM
ORDER Granting7 Motion for Leave to Appear Pro Hac Vice as to Sidney R. Steinberg, Esq. Signed by Magistrate Judge Elizabeth A. Pascal on 12/18/2023. (mag) |
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utility
Set/Reset Motion and R&R Deadlines/Hearings
Mon 12/18 10:29 AM
Set Deadlines as to7 MOTION for Leave to Appear Pro Hac Vice for Sidney R. Steinberg, Esq. . Motion set for 1/16/2024 before Magistrate Judge Elizabeth A. Pascal. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (alb, ) |
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| Friday, December 15, 2023 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Fri 12/15 3:43 PM
MOTION for Leave to Appear Pro Hac Vice for Sidney R. Steinberg, Esq. by CAMDEN IRON & METAL, INC., EMR (USA HOLDINGS) INC., EMR ADVANCED RECYCLING, LLC, MY AUTO STORE, LLC.(TERIS, BENJAMIN) |
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Att: 1
Certification Certification of Benjamin S. Teris, Esq.,
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Att: 2
Certification Certification of Sidney R. Steinberg, Esquire,
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Att: 3
Text of Proposed Order Proposed Order,
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Att: 4
Certificate of Service Certificate of Service
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| Monday, December 04, 2023 | ||
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utility
Update Answer Due Deadline
Mon 12/04 9:46 AM
Clerk`s Text Order - The Application for a Clerk's Order Extending Time to Answer - Document6 submitted by EMR (USA HOLDINGS) INC., EMR ADVANCED RECYCLING, LLC, CAMDEN IRON & METAL, INC., MY AUTO STORE, LLC on 12/1/2023 has been GRANTED. The answer due date has been set for 12/18/2023. (jab) |
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| Friday, December 01, 2023 | ||
| 6 | 6
misc
Application for Clerk Order to Ext Answer/Proposed Order
Fri 12/01 4:18 PM
Application and Proposed Order for Clerk's Order to extend time to answer Attorney BENJAMIN S. TERIS for CAMDEN IRON & METAL, INC.,BENJAMIN S. TERIS for EMR (USA HOLDINGS) INC.,BENJAMIN S. TERIS for EMR ADVANCED RECYCLING, LLC,BENJAMIN S. TERIS for MY AUTO STORE, LLC added. (TERIS, BENJAMIN) |
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| Monday, October 09, 2023 | ||
| 5 | 5
notice
Notice of Appearance
Mon 10/09 8:44 AM
NOTICE of Appearance by SAMANTHA PANKEY MARTIN on behalf of WILFREDO CUEVAS (MARTIN, SAMANTHA) |
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| 4 | 4
notice
Notice of Appearance
Mon 10/09 8:43 AM
NOTICE of Appearance by W. CHARLES SIPIO on behalf of WILFREDO CUEVAS (SIPIO, W.) |
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| Friday, October 06, 2023 | ||
| 3 | 3
service
Waiver of Service Executed
Fri 10/06 1:32 PM
WAIVER OF SERVICE Returned Executed by WILFREDO CUEVAS. CAMDEN IRON & METAL, INC. waiver sent on 10/3/2023, answer due 12/4/2023; EMR (USA HOLDINGS) INC. waiver sent on 10/3/2023, answer due 12/4/2023; EMR ADVANCED RECYCLING, LLC waiver sent on 10/3/2023, answer due 12/4/2023; MY AUTO STORE, LLC waiver sent on 10/3/2023, answer due 12/4/2023. (KARPF, ARI) |
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| Wednesday, October 04, 2023 | ||
| 2 | 2
service
Summons Issued
Wed 10/04 10:24 AM
SUMMONS ISSUED as to CAMDEN IRON & METAL, INC., EMR (USA HOLDINGS) INC., EMR ADVANCED RECYCLING, LLC, MY AUTO STORE, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jab) |
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| Monday, October 02, 2023 | ||
| 1 | 1
cmp
Complaint
Mon 10/02 1:29 PM
COMPLAINT against CAMDEN IRON & METAL, INC., EMR (USA HOLDINGS) INC., EMR ADVANCED RECYCLING, LLC, MY AUTO STORE, LLC ( Filing and Admin fee $ 402 receipt number ANJDC-14752875) with JURY DEMAND, filed by WILFREDO CUEVAS.(KARPF, ARI) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons
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utility
Add and Terminate Judges
Tue 10/03 5:54 PM
Judge Robert B. Kugler and Magistrate Judge Elizabeth A. Pascal added. (dmw) |
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