Herrera v. Syracuse University et al
| New York Northern District Court | |
| Judge: | Anne M Nardacci |
| Referred: | Miroslav Lovric |
| Case #: | 5:24-cv-00245 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | Feb 20, 2024 |
| Last checked: Sunday Aug 18, 2024 4:56 AM EDT |
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Defendant
Michael A. Speaks
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Represented By
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Defendant
Syracuse University
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Represented By
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Defendant
The Syracuse University School of Architecture
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Represented By
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Plaintiff
Valerie Herrera
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Represented By
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| Docket last updated: 5 hours ago |
| Monday, September 09, 2024 | ||
| 27 | 27
15
pgs
respm
Reply to Response to Motion
Mon 09/09 1:26 PM
REPLY to Response to Motion re6 Motion to Dismiss,22 Motion to Amend/Correct, filed by Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture. (Winters, Kristi) |
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| Tuesday, July 30, 2024 | ||
| 26 | 26
order
Order on Letter Request
Tue 07/30 11:37 AM
TEXT ORDER: The Court is in receipt of Defendants' Letter Motion, Dkt. No.24 , and Plaintiff's Response Letter in Opposition, Dkt. No.25 , regarding Plaintiff's filings dated July 19, 2024. Dkt. Nos.22 ,23 . First, the Court finds that Plaintiff's Opposition to Defendants' Motion to Dismiss violates the Text Order dated July 12, 2024, Dkt. No. 21 , in that it again relies on allegations in the proposed Amended Complaint. The Court cautions Plaintiff that any future failure to comply with the Federal Rules of Civil Procedure, this District's Local Rules of Practice, and/or the Court's Orders will likely result in sanctions and dismissal of this action with prejudice, in addition to any further relief the Court may deem just and proper. Defendants may file one additional brief not to exceed 25 pages in support of their Motion to Dismiss, considering all arguments contained in Plaintiff's Opposition to Defendants' Motion to Dismiss, as well as in opposition to Plaintiff's Cross-Motion to Amend. This additional brief shall be due on or before September 9, 2024. Given Plaintiff's continued failure to comply with this Court's instructions, and in the interests of judicial economy, Plaintiff will not be permitted to submit any additional briefing in support of any Motion currently pending. The Court will decide the Motion to Dismiss, Dkt. No.6 , and the Cross-Motion to Amend/Correct, Dkt. No.22 , on the submitted papers without oral argument after receiving Defendants' additional brief. Defendants' additional request for fees and costs or, in the alternative, for leave to file a motion for sanctions, is DENIED. SO ORDERED by U.S. District Judge Anne M. Nardacci on 7/30/2024. (mab) |
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| Friday, July 26, 2024 | ||
| 25 | 25
3
pgs
respm
Response in Opposition to Motion
Fri 07/26 2:23 PM
RESPONSE in Opposition re24 Letter Request/Motion of July 25, 2024 filed by Valerie Herrera. (Manning, Jeremiah) |
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| Thursday, July 25, 2024 | ||
| 24 | 24
2
pgs
motion
Letter Request/Motion
Thu 07/25 3:39 PM
Letter Motion from Kristi R. Winters for Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture requesting Strike Plaintiff's Filings submitted to Judge Anne M. Nardacci . (Winters, Kristi) |
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| Friday, July 19, 2024 | ||
| 23 | 23
14
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respm
Response in Opposition to Motion
Fri 07/19 10:20 PM
RESPONSE in Opposition re6 Motion to Dismiss, and Memorandum of Law filed by Valerie Herrera.(Manning, Jeremiah) |
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Att: 1
Affirmation
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| 22 | 22
motion
Amend/Correct
Fri 07/19 10:18 PM
First MOTION to Amend/Correct Complaint filed by Valerie Herrera. Response to Motion due by 8/9/2024 Motions referred to Miroslav Lovric. (Manning, Jeremiah) |
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Att: 1
Memorandum of Law,
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Att: 2
Affirmation,
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Att: 3
Proposed Amended Pleading
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| Friday, July 12, 2024 | ||
| 21 | 21
order
Order on Letter Request
Fri 07/12 4:13 PM
TEXT ORDER: The Court is in receipt of Defendants' Letter Motion, Dkt. No.19 , and Plaintiff's Response Letter in Opposition, Dkt. No.20 regarding Plaintiff's filings dated June 27 and 28, 2024. Dkt. Nos.17 ,18 . As an initial matter, in the Text Order dated May 9, 2024 (Dkt. No. 16 ), this Court granted Plaintiff's request to extend the time for Plaintiff to oppose Defendants' Motion to Dismiss. See Dkt. No.15 ("Defendants have consented to a 45-day extension for Plaintiff to oppose their motion"). Plaintiff's extension request, dated May 7, 2024, did not seek permission to extend the time to amend Plaintiff's original Complaint as-of-right, and the Court did not grant such relief. Because Plaintiff's proposed Amended Complaint (Dkt. No.17 ) was filed after the time permitted for amending as a matter of course, and because it was not filed with Defendants' consent, the proposed Amended Complaint is untimely. See Fed. R. Civ. P. 15(a)(1)-(2). Additionally, since Plaintiff's Opposition to Defendants' Motion to Dismiss (Dkt. No.18 ) relies heavily on allegations in the proposed Amended Complaint, the Opposition is similarly improper. See, e.g., Coleman v. Town of Brookhaven , No. 08-CV-00379, 2009 WL 10709080, at *1 n.2 (E.D.N.Y. Mar. 31, 2009) ("It is inappropriate for this Court to consider facts asserted in the Amended Complaint in rendering its decision on the motion to dismiss the original Complaint"). Accordingly, the Court hereby ORDERS that Plaintiff's proposed Amended Complaint (Dkt. No.17 ) and Opposition brief (Dkt. No.18 ) are STRICKEN from this Court's docket and do not require a response from Defendants; and the Court further ORDERS that Plaintiff shall file a response in opposition to Defendants' Motion to Dismiss on or before July 19, 2024, and Defendants shall file a Reply (if any) on or before August 19, 2024; and the Court further ORDERS that, if she wishes, Plaintiff may file a motion for leave to amend the Complaint in accordance with the Rules on or before July 19, 2024, Defendant shall file a response on or before August 19, 2024, and Plaintiff shall file a Reply (if any) on or before August 26, 2024. Once the stated deadlines have expired, the Court will decide the motion(s) on the submitted papers without oral argument. The Court cautions Plaintiff that continued failure to comply with the Federal Rules of Civil Procedure and this District's Local Rules of Practice may result in sanctions, including dismissal of this action. SO ORDERED by U.S. District Judge Anne M. Nardacci on 7/12/2024. (mab) |
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| Wednesday, July 10, 2024 | ||
| 20 | 20
2
pgs
respm
Response in Opposition to Motion
Wed 07/10 11:42 AM
RESPONSE in Opposition re19 Letter Request/Motion, filed by Valerie Herrera. (Manning, Jeremiah) |
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| Tuesday, July 09, 2024 | ||
| 19 | 19
3
pgs
motion
Letter Request/Motion
Tue 07/09 1:54 PM
Letter Motion from Kristi R. Winters for Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture requesting Conference submitted to Judge Anne M. Nardacci .(Winters, Kristi) |
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Att: 1
Exhibit(s) Emails,
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Att: 2
Exhibit(s) Emails
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| Friday, June 28, 2024 | ||
| 18 | 18
13
pgs
respm
Response in Opposition to Motion
Fri 06/28 1:11 PM
RESPONSE in Opposition re6 Motion to Dismiss, and Memorandum of Law filed by Valerie Herrera. (Manning, Jeremiah) |
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misc
Clerk Correction of Docket Entry
Fri 06/28 3:04 PM
CLERK'S CORRECTION OF DOCKET ENTRY: Clerk modified17 Amended Complaint to include a complete document with both attorney's signatures. Service has been regenerated to counsel. Docket 19 which was an additional Amended Complaint event that only consisted of a.pdf of the signature page has been deleted per direction of Chambers. (ham) |
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| Thursday, June 27, 2024 | ||
| 17 | 17
44
pgs
cmp
Amended Complaint
Thu 06/27 11:02 PM
AMENDED COMPLAINT (FIRST AMENDED) and VERIFIED against All Defendants filed by Valerie Herrera.(Manning, Jeremiah) |
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| Thursday, May 09, 2024 | ||
| 16 | 16
order
Order on Letter Request
Thu 05/09 4:52 PM
TEXT ORDER granting Plaintiff's15 Letter Request, filed on consent, seeking an extension of time to file a response to Defendants' pending6 Motion to Dismiss in this matter. The parties have agreed upon and the Court approves the following briefing schedule: 1) Plaintiff shall file a response to Defendants' motion on or before June 27, 2024; and 2) Defendants shall file any reply to the response on or before July 29, 2024. The motion is returnable before the undersigned and will be take on submission. No oral argument will be heard unless otherwise directed by the Court. SO ORDERED by by U.S. District Judge Anne M. Nardacci on 5/9/2024. (mab) |
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| Tuesday, May 07, 2024 | ||
| 15 | 15
motion
Letter Request/Motion
Tue 05/07 11:52 AM
Letter Motion from Plaintiff for Valerie Herrera requesting extension of time to respond to Motion to Dismiss submitted to Judge Nardacci . (Toporowski, Matthew) |
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| Monday, April 29, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Mon 04/29 1:49 PM
NOTICE OF APPEARANCE by Ryan C. Chapoteau on behalf of Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture (Chapoteau, Ryan) |
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| 13 | 13
notice
Notice of Appearance
Mon 04/29 1:13 PM
NOTICE OF APPEARANCE by Gregory C. Brown, Jr on behalf of Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture (Brown, Gregory) |
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| 12 | 12
notice
Notice of Appearance
Mon 04/29 1:11 PM
NOTICE OF APPEARANCE by Ryan C. Chapoteau on behalf of Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture (Chapoteau, Ryan) |
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misc
Text Notice of Filing Deficiency
Mon 04/29 1:25 PM
TEXT NOTICE OF FILING DEFICIENCY as to Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture regarding the12 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. The attorneys name is misspelled on the signature line. Please file a corrected Notice of Appearance in case #5:24-cv-245 Notice of Filing Deficiency Deadline 5/2/2024 (khr) |
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| Wednesday, April 24, 2024 | ||
| 11 | 11
order
Order on Motion for Limited Admission Pro Hac Vice
Wed 04/24 12:45 PM
ORDER granting5 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/24/2024. (jdc ) |
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| 10 | 10
order
Order on Motion for Limited Admission Pro Hac Vice
Wed 04/24 12:44 PM
ORDER granting4 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/24/2024. (jdc ) |
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| Tuesday, April 23, 2024 | ||
| 9 | 9
order
Order 1 - Terminate Deadlines and Hearings
Tue 04/23 9:48 AM
TEXT ORDER: In light of the filing of Motion to Dismiss6 , the Rule 16 Initial Conference scheduled for 5/23/2024 before Magistrate Judge Miroslav Lovric, and the deadlines to file the Civil Case Management Plan and exchange of Mandatory Disclosures, are all STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/23/2024. (jdc ) |
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misc
Text Notice of Filing Deficiency
Tue 04/23 9:07 AM
TEXT NOTICE OF FILING DEFICIENCY as to Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture regarding the8 Affidavit in Support of Motion, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibit A to the Declaration of Kristi Rich Winters contained the home address and phone number of plaintiff. Please file a redacted copy of Exhibit A using case number 5:24-cv-245 using event code corrected documents Notice of Filing Deficiency Deadline 4/29/2024 (khr) |
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misc
Clerk Correction of Docket Entry
Tue 04/23 11:17 AM
CLERK'S CORRECTION OF DOCKET ENTRY RE:8 Affidavit in Support of Motion: Redacted copy of attachment #1 Exhibit A has been uploaded and attached to Docket #8 . The unredacted copy of Exhibit A is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2 (khr) |
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| Monday, April 22, 2024 | ||
| 8 | 8
respm
Affidavit in Support of Motion
Mon 04/22 5:03 PM
AFFIDAVIT in Support re6 MOTION to Dismiss (Partial Dismissal) filed by Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture. Motion returnable before Judge Anne M. Nardacci (DECLARATION OF KRISTI RICH WINTERS) filed by Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture.(Winters, Kristi) |
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Att: 1
Exhibit(s) A - EEOC Charge
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| 7 | 7
16
pgs
respm
Memorandum of Law
Mon 04/22 5:01 PM
MEMORANDUM OF LAW re6 Motion to Dismiss, filed by Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture. (Winters, Kristi) |
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| 6 | 6
2
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motion
Dismiss
Mon 04/22 5:01 PM
MOTION to Dismiss (Partial Dismissal) filed by Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture. Motion returnable before Judge Anne M. Nardacci Response to Motion due by 5/13/2024. Reply to Response to Motion due by 5/20/2024 (Winters, Kristi) |
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| 5 | 5
motion
Limited Admission Pro Hac Vice
Mon 04/22 2:44 PM
MOTION for Limited Admission Pro Hac Vice of Gregory C. Brown, Jr. Filing fee $100, receipt number ANYNDC-6704791. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Miroslav Lovric. (Winters, Kristi) |
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Att: 1
Sponsor's Declaration,
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Att: 2
E-filing Registration Form,
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Att: 3
Admission Petition,
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Att: 4
Certificate of Good Standing
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| 4 | 4
motion
Limited Admission Pro Hac Vice
Mon 04/22 2:35 PM
MOTION for Limited Admission Pro Hac Vice of Ryan C. Chapoteau Filing fee $100, receipt number ANYNDC-6704761. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Miroslav Lovric. (Winters, Kristi) |
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Att: 1
Sponsor's Declaration,
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Att: 2
E-filing Registration Form,
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Att: 3
Admission Petition,
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Att: 4
Certificate of Good Standing (NY),
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Att: 5
Certificate of Good Standing (MA)
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| Monday, March 25, 2024 | ||
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notice
Notice - Other
Mon 03/25 8:18 AM
TEXT NOTICE: The Initial Conference set for 5/23/2024 at 1:00PM before Magistrate Judge Miroslav Lovric, will be held via Microsoft Teams Teleconference. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Thursday, February 22, 2024 | ||
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misc
Clerk Correction of Docket Entry
Thu 02/22 10:09 AM
CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk inadvertently filed the time with the Initial Conference incorrectly. The Clerk fixed the docket to reflect that the Initial Conference is for 1:00PM and NOT 1:00AM on May 23, 2024. (jdc ) |
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| Wednesday, February 21, 2024 | ||
| 3 | 3
misc
G.O. 25 Filing Order
Wed 02/21 1:18 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/23/2024 01:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/16/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
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| 2 | 2
service
Summons Issued
Wed 02/21 1:17 PM
Summons Issued as to Michael A. Speaks.(khr) |
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Att: 1
Summons issued as to Syracuse University School of Architecture,
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Att: 2
Summons issued as to Syracuse University
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| Tuesday, February 20, 2024 | ||
| 1 | 1
34
pgs
cmp
Complaint
Wed 02/21 1:16 PM
COMPLAINT WITH JURY DEMAND against Michael A. Speaks, Syracuse University, The Syracuse University School of Architecture (Filing fee $405 receipt number ANYNDC-6624509) filed by Valerie Herrera.(khr) |
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Att: 1
Verification,
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Att: 2
Civil Cover Sheet
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