Long v. Byrne et al
| New York Northern District Court | |
| Judge: | Mae A D'Agostino |
| Referred: | Christian F Hummel |
| Case #: | 1:24-cv-00466 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Apr 03, 2024 |
| Last checked: Monday Sep 30, 2024 4:35 AM EDT |
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Defendant
Jessica Byrne
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Represented By
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Defendant
The Town of New Lebanon
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Represented By
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Plaintiff
Samantha Long
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Represented By
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| Docket last updated: 4 hours ago |
| Tuesday, October 15, 2024 | ||
| 33 | 33
order
Order
Tue 10/15 1:22 PM
TEXT ORDER re32 Status Report filed by Samantha Long: On October 11, 2024 the Court issued a text order holding the pending motions [16,17,18] in abeyance while the parties discussed settlement. On the same date plaintiffs counsel submitted a32 Status Report, in which the Court is advised that settlement negotiations were not fruitful. In light of the submissions by counsel, and the representation that the case did not settle, the pending motions to Dismiss and cross-motion [Dkt. Nos. 16,17, and 18] are returned to the Court's pending motion list and will be decided in due course. All motions are Fully Briefed. No further submissions will be permitted. Signed by U.S. District Judge Mae A. D'Agostino on 10/15/2024. (ban) |
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| Friday, October 11, 2024 | ||
| 32 | 32
misc
Status Report
Fri 10/11 3:40 PM
STATUS REPORT Letter to Hon. Mae A. D'Agostino by Samantha Long. (Steck, Phillip) |
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| 31 | 31
order
Order on Letter Request
Fri 10/11 9:13 AM
TEXT ORDER re29 Letter Motion from Phillip G. Steck, Esq. for Samantha Long: The Court is in receipt of the letters submitted by counsel [Dkt. nos. 29, 30]. The Court will review all materials contained in the motions to dismiss as well as the opposition to the motions to dismiss. However, at this point in time the pending motions are being held in Abeyance so that the parties may discuss a resolution to this matter. A status report is due to be filed on or before 11/4/24. Signed by U.S. District Judge Mae A. D'Agostino on 10/11/2024. (ban) |
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| Friday, October 04, 2024 | ||
| 30 | 30
misc
Response to Letter Brief
Fri 10/04 3:55 PM
RESPONSE TO LETTER BRIEF filed by Jessica Byrne as to29 Letter Request/Motion filed by Samantha Long . (Groudine, Stephen) |
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| 29 | 29
motion
Letter Request/Motion
Fri 10/04 3:09 PM
Letter Motion from Phillip G. Steck, Esq. for Samantha Long requesting Submission of Document submitted to Judge Mae A. D'Agostino . (Steck, Phillip) |
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| Wednesday, October 02, 2024 | ||
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minutes
Status Conference
Fri 10/04 4:59 PM
Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 10/2/2024 by telephone. [9:30am-9:40am] Appearances by Phillip Steck, Esq. for Plaintiff; Stephen Groudine, Esq. for Deft Byrne; Earl T. Redding, Esq. for Town of New Lebanon. After discussions are held between parties and the Court, the Court sees no settlement possibilities at this time. Parties will wait out the decisions on the dispositive motions. (tab) |
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| Tuesday, September 24, 2024 | ||
| 28 | 28
notice
Notice of Hearing
Tue 09/24 11:58 AM
COURT NOTICE of Conference: A Status Conference is set for Wednesday, 10/2/2024 @ 9:30 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone. Counsel are to DIAL IN @ 518-217-2288 and use Conference ID 418 188 951 # to connect to the conference call (tab) |
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| Tuesday, September 03, 2024 | ||
| 27 | 27
order
Order on Letter Request
Tue 09/03 12:39 PM
TEXT ORDER granting24 Letter Request for Mediation: It is hereby ORDERED that the joint request to hold the pending motions in Abeyance so that the parties may discuss a resolution to this matter is GRANTED. The Court will hold the pending motions [Dkt. Nos. 16,17,18] in abeyance for 60 days. The parties are encouraged to discuss possible resolution of this matter. A status report should be filed within 60 days Due 11/4/24. Signed by U.S. District Judge Mae A. D'Agostino on 09/03/2024. (ban) |
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| Thursday, August 29, 2024 | ||
| 26 | 26
misc
Response to Letter Brief
Thu 08/29 2:35 PM
RESPONSE TO LETTER BRIEF filed by Jessica Byrne as to24 Letter Request/Motion filed by Samantha Long . (Groudine, Stephen) |
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| 25 | 25
misc
Response to Letter Brief
Thu 08/29 11:30 AM
RESPONSE TO LETTER BRIEF filed by The Town of New Lebanon as to24 Letter Request/Motion filed by Samantha Long requesting mediation . |
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| Thursday, August 22, 2024 | ||
| 24 | 24
motion
Letter Request/Motion
Thu 08/22 4:24 PM
Letter Motion from Phillip Steck, Esq. for Samantha Long requesting Mediation submitted to Judge Mae A. D'Agostino . (Steck, Phillip) |
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| Tuesday, August 06, 2024 | ||
| 23 | 23
order
Order on Letter Request
Tue 08/06 12:40 PM
TEXT ORDER granting22 Letter Motion from Phillip G. Steck for Samantha Long requesting Permission to submit their sur-reply/letter [Dkt # 22]. The motions are now fully briefed. No further submissions are necessary, unless otherwise directed by the Court. Signed by U.S. District Judge Mae A. D'Agostino on 08/06/2024. (ban) |
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| Wednesday, July 31, 2024 | ||
| 22 | 22
motion
Letter Request/Motion
Wed 07/31 1:54 PM
Letter Motion from Phillip G. Steck for Samantha Long requesting Permission to submit this letter as response to defendants' submitted to Judge Mae A. D'Agostino . (Steck, Phillip) |
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| Tuesday, July 30, 2024 | ||
| 21 | 21
service
Certificate of Service
Tue 07/30 3:22 PM
CERTIFICATE OF SERVICE by The Town of New Lebanon re20 Response in Opposition to Motion, |
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| 20 | 20
respm
Response in Opposition to Motion
Tue 07/30 3:21 PM
RESPONSE in Opposition re17 Motion to Dismiss for Failure to State a Claim,18 Motion for Miscellaneous/Other Relief,,, filed by The Town of New Lebanon. |
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Att: 1
Memorandum of Law in further support of motion to dismiss and in opposition to the cross motion for leave to file a late notice of claim
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| Thursday, July 25, 2024 | ||
| 19 | 19
respm
Reply to Response to Motion
Thu 07/25 3:07 PM
REPLY to Response to Motion re16 Motion to Dismiss for Failure to State a Claim,18 Motion for Miscellaneous/Other Relief,,, filed by Jessica Byrne.(Groudine, Stephen) |
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Att: 1
Memorandum of Law Reply/Opposition Memorandum of Law,
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Att: 2
Certificate of Service
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| Tuesday, July 16, 2024 | ||
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misc
Text Notice of Filing Deficiency
Tue 07/16 9:52 AM
TEXT NOTICE OF FILING DEFICIENCY regarding the18 Cross MOTION Permission to File Late Notice of Claim re17 MOTION to Dismiss for Failure to State a Claim 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. In the Exhibit: Notice of Claim, Attachment 1: On Page 2 there is an instance of a home address. Notice of Filing Deficiency Deadline 7/19/2024. (mmg) |
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misc
Clerk Correction of Docket Entry
Tue 07/16 10:42 AM
CLERK'S CORRECTION OF DOCKET ENTRY re #18 Cross Motion for Permission to File Late Notice of Claim: A redacted copy of attachment #1 Exhibit(s) Notice of Claim has been uploaded and attached to docket entry #18 . The unredacted copy of Exhibit Notice of Claim is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (mmg) |
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| Monday, July 15, 2024 | ||
| 18 | 18
motion
Miscellaneous/Other Relief
Mon 07/15 5:10 PM
Cross MOTION Permission to File Late Notice of Claim re17 MOTION to Dismiss for Failure to State a Claim filed by The Town of New Lebanon. Motion returnable before Judge D'Agostino,16 MOTION to Dismiss for Failure to State a Claim filed by Jessica Byrne. Motion returnable before Judge Mae A. D'Agostino filed by Samantha Long. Response to Motion due by 8/5/2024 Motions referred to Christian F. Hummel. (Steck, Phillip) |
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Att: 1
Exhibit(s) Notice of Claim,
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Att: 2
Affirmation Attorney Affirmation,
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Att: 3
Exhibit(s) Exhibit A to Attorney Affirmation,
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Att: 4
Memorandum of Law
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| Tuesday, July 02, 2024 | ||
| 17 | 17
motion
Dismiss for Failure to State a Claim
Tue 07/02 10:57 AM
MOTION to Dismiss for Failure to State a Claim filed by The Town of New Lebanon. Motion returnable before Judge D'Agostino Response to Motion due by 7/23/2024. Reply to Response to Motion due by 7/30/2024 |
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Att: 1
Memorandum of Law,
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Att: 2
Certificate of Service
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| Friday, June 28, 2024 | ||
| 16 | 16
motion
Dismiss for Failure to State a Claim
Fri 06/28 10:11 AM
MOTION to Dismiss for Failure to State a Claim filed by Jessica Byrne. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 7/19/2024. Reply to Response to Motion due by 7/26/2024 (Groudine, Stephen) |
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Att: 1
Memorandum of Law,
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Att: 2
Certificate of Service
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| Tuesday, June 18, 2024 | ||
| 15 | 15
notice
Notice - Other
Tue 06/18 11:37 AM
TEXT NOTICE: The Rule 16 Initial Conference scheduled for July 2, 2024 at 9:00 am before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date. The Initial Conference will be rescheduled at the appropriate time. (tab) |
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| Thursday, June 06, 2024 | ||
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utility
Set/Reset Answer Deadline
Thu 06/06 1:12 PM
***Answer due date updated for Jessica Byrne answer due 7/2/2024; The Town of New Lebanon answer due 7/2/2024 - deadlines reset consistent with the telephone pre-motion conference held with counsel on 5/28/24. (ban) |
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| Wednesday, June 05, 2024 | ||
| 14 | 14
motion
Letter Request/Motion
Wed 06/05 3:18 PM
Letter Motion from Stephen M. Groudine for Jessica Byrne requesting Clarification as to Conflicting Docket Entries submitted to Judge Mae A. D'Agostino . (Groudine, Stephen) |
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| Tuesday, June 04, 2024 | ||
| 13 | 13
cmp
Amended Complaint
Tue 06/04 11:07 AM
AMENDED COMPLAINT against Jessica Byrne, The Town of New Lebanon filed by Samantha Long.(Steck, Phillip) |
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utility
Set/Reset Answer Deadline
Tue 06/04 3:53 PM
***Answer due date updated for Jessica Byrne answer due 6/18/2024; The Town of New Lebanon answer due 6/18/2024. (hmr) |
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| Tuesday, May 28, 2024 | ||
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minutes
Telephone Conference
Tue 05/28 10:43 AM
TEXT Minute Entry for Telephone Pre-Motion Conference held on 5/28/2024 before U.S. District Judge Mae A. D'Agostino: Appearances by Phillip Steck, Esq. for the plaintiff; Stephen Groudine, Esq. for defendant Byrne; and Earl Redding, Esq. for defendant Town of New Lebanon; Pre-motion was held. Counsel for the plaintiff and counsel for the defendants address the Court.The Court will permit the plaintiff to file an amended complaint, due within 2 weeks - 6/11/24; If after the amended complaint is filed the defendant still believe that motions to dismiss are necessary, they may file their motions. Defendants must coordinate and make sure their motions to dismiss are filed on the same date - Motions to Dismiss to be filed on or before 7/2/24. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 10:00a.m. - 10:15 a.m.]) (ban) |
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| Monday, May 20, 2024 | ||
| 12 | 12
motion
Letter Request/Motion
Mon 05/20 9:03 AM
Pre-Motion Letter Motion from Attorney Redding for The Town of New Lebanon requesting a pre-motion conference submitted to Judge D'Agostino . |
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| Wednesday, May 15, 2024 | ||
| 11 | 11
motion
Letter Request/Motion
Wed 05/15 4:34 PM
Letter Motion from Phillip G. Steck for Samantha Long requesting Denial of Defendant Jessica Byrne's Motion to Dismiss submitted to Judge Mae A. D'Agostino . (Steck, Phillip) |
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| Friday, May 10, 2024 | ||
| 10 | 10
motion
Pre-Motion Letter Request
Fri 05/10 12:49 PM
Pre-Motion Letter by Jessica Byrne requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 5/15/2024(Groudine, Stephen) |
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Att: 1
Certificate of Service
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| 9 | 9
notice
Notice of Appearance
Fri 05/10 10:19 AM
NOTICE OF APPEARANCE by Stephen M. Groudine on behalf of Jessica Byrne(Groudine, Stephen) |
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Att: 1
Certificate of Service
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| Thursday, May 09, 2024 | ||
| 8 | 8
service
Waiver of Service Executed
Thu 05/09 3:41 PM
WAIVER OF SERVICE Returned Executed by Samantha Long. Jessica Byrne waiver sent on 4/3/2024, answer due 6/3/2024. (Steck, Phillip) |
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| Wednesday, May 08, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Wed 05/08 9:08 PM
NOTICE OF APPEARANCE by Earl T. Redding on behalf of The Town of New Lebanon |
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| Wednesday, April 24, 2024 | ||
| 6 | 6
service
Waiver of Service Executed
Wed 04/24 11:03 AM
WAIVER OF SERVICE Returned Executed by Samantha Long. The Town of New Lebanon waiver sent on 4/24/2024, answer due 6/24/2024. (Steck, Phillip) |
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utility
Set/Reset Answer Deadline
Wed 04/24 11:39 AM
***Answer due date updated for The Town of New Lebanon answer due 6/3/2024. (mmg) |
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misc
Clerk Correction of Docket Entry
Wed 04/24 11:42 AM
CLERK'S CORRECTION OF DOCKET ENTRY re #6 Waiver of Service Executed: Clerk has updated the Answer Deadline date under Rule 12. Answer deadline has been set 60 days from day of mailing (April 3, 2024). (mmg) |
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| Wednesday, April 03, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 04/03 2:36 PM
Summons Issued as to Jessica Byrne, The Town of New Lebanon.(mmg) |
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Att: 1
Summons Issued as to The Town of New Lebanon
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| 4 | 4
service
Request for Issuance of Summons(es)
Wed 04/03 1:59 PM
REQUEST FOR ISSUANCE OF SUMMONS(ES): Samantha Long is requesting summons(es) be issued as to All Defendants re:1 Complaint. (Steck, Phillip) |
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| 3 | 3
notice
Notice Regarding Judge D'Agostino Case Disposition Pilot (Text-Only)
Wed 04/03 1:16 PM
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf . (mmg) |
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| 2 | 2
misc
G.O. 25 Filing Order
Wed 04/03 1:15 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/2/2024 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/25/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mmg) |
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| 1 | 1
cmp
Complaint
Wed 04/03 1:14 PM
COMPLAINT WITH JURY DEMAND against Jessica Byrne, The Town of New Lebanon (Filing fee $405 receipt number ANYNDC-6681867) filed by Samantha Long.(mmg). (Main Document 1 replaced on 4/3/2024) (mmg) |
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Att: 1
Civil Cover Sheet
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| TEXT NOTICE OF FILING DEFICIENCY as to Samantha Long regarding the #1 Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summonses were not included with the Complaint. Counsel is directed to file proposed summonses on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 4/8/2024 (mmg). | ||
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint: Clerk has received and replaced the Complaint with a Corrected updated version with Counsels corrected current address. (mmg). | ||
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misc
Text Notice of Filing Deficiency
Wed 04/03 1:21 PM
TEXT NOTICE OF FILING DEFICIENCY as to Samantha Long regarding the #1 Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summonses were not included with the Complaint. Counsel is directed to file proposed summonses on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. Notice of Filing Deficiency Deadline 4/8/2024 (mmg) |
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misc
Clerk Correction of Docket Entry
Wed 04/03 2:31 PM
CLERK'S CORRECTION OF DOCKET ENTRY re #1 Complaint: Clerk has received and replaced the Complaint with a Corrected updated version with Counsels corrected current address. (mmg) |
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