| -- |
Filed: 5/5/2003, Entered: 5/5/2003 |
Miscellaneous Document |
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CASE REFERRED to Magistrate Judge F. B. Stillman (cdod)
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| -- |
Filed: 5/5/2003, Entered: 5/5/2003 |
Set/Clear Flags |
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Jury Trial Flag (cdod)
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| -- |
Filed: 5/5/2003, Entered: 5/5/2003 |
Summons Issued |
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SUMMONS(ES) issued for Lerner, New York, Inc. with mag. notice, other notices and financial disclosure mailed to plaintiff's counsel for service (cdod)
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| 1 |
Filed: 5/5/2003, Entered: 5/5/2003 |
Complaint |
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COMPLAINT Filing Fee $ 150.00 Receipt # 38874; jury demand (cdod)
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| 2 |
Filed: 5/20/2003, Entered: 5/20/2003 |
Summons Returned Executed |
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SUMMONS Returned Executed as to Lerner, New York 5/12/03 Answer due on 6/2/03 for Lerner, New York (cdod)
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| 3 |
Filed: 5/30/2003, Entered: 6/2/2003 |
Answer to Complaint |
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ANSWER to Complaint by Lerner, New York (Attorney William McCardell Furr), (cdod)
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| -- |
Filed: 6/2/2003, Entered: 6/2/2003 |
Miscellaneous Document |
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Referred for 16(b) Conference (cdod)
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| 4 |
Filed: 6/12/2003, Entered: 6/13/2003 |
Order |
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ORDER: 26(f) attorneys' conference set on 06/23/03 at 2:00 pm; 16(b) scheduling conference set 8:45 am on 7/14/03; initial disclosure 07/28/03; no party required to respond to discovery sooner than 08/08/03; entered 06/12/03 and filed 06/12/03 ( signed by Magistrate Judge F. B. Stillman ) Copies Mailed: 06/13/03 (cdod)
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| -- |
Filed: 7/14/2003, Entered: 7/17/2003 |
Discovery Hearing |
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16(b) Conference held (cdod)
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| 5 |
Filed: 7/17/2003, Entered: 7/17/2003 |
Order |
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Rule 16(b) Scheduling Order: Setting jury trial for 10:00 am on 3/17/04 at Norfolk. Trial by jury has been demanded. Proposed voir dire and two typewritten jury instructions, one set with authorities in support thereof, and one set without authorities, along with a CD-ROM diskette, shall be delivered to the Clerk on or before 03/10/04. Expert witnesses to be identified by 11/17/03; disclosure outlined in Rule 26 (a)(2)(B) by 12/17/03; response to disclosure by 01/13/04; rebuttal by 01/28/04; discovery by plaintiff(s) on or before 01/07/04 and defendant(s) on or before 02/04/04; discovery/deposition in lieu of witness at trial concluded by 02/11/04; pretrial disclosures to be delivered to all counsel and unrepresented parties on or before 02/27/04; objections delivered by 03/03/04; an attorney's conference is set for 02/27/04 at 2:00 pm; a final pretrial conference shall be conducted on 03/05/04 at 11:00 am; The court notes that the style of the case should be amended to add as plaintiffs "and others similarly situated," and it is Ordered that all pleadings be, and they hereby ae changed to indicate the proper style of this case. Any party who desires to be made an additional plaintiff in this action pursuant to Fair Labor Standards Act shall file with the court and serve upon the defendant, on or before 09/12/03, a written consent to become a party plaintiff herein. A party otherwise shall be precluded from participation in this action as an additional party plaintiff. entered 07/14/03 filed 07/17/03 ( signed by Magistrate Judge F. B. Stillman Copies Mailed: 07/17/03 (cdod) Modified on 07/17/2003
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| 6 |
Filed: 9/2/2003, Entered: 9/3/2003 |
Motion for Leave to File |
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MOTION by Lerner, New Yorkfor Leave to File amended answer (cdod)
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| 7 |
Filed: 9/2/2003, Entered: 9/3/2003 |
Memorandum in Support |
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MEMORANDUM by Lerner, New York in support of [6-1] motion for Leave to File amended answer received with attached proposed amended answer (cdod)
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| 8 |
Filed: 9/12/2003, Entered: 9/15/2003 |
NOTICE |
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NOTICE of Filing Consents To Become Party Plaintiffs by Jennifer Strickland, and others similarly (cdod)
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| 9 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Miscellaneous Document |
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Consent by Elizabeth C. Underwood to join as a party plaintiff (cdod)
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| 10 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Miscellaneous Document |
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Consent by Lynette Podkanowicz to join as a party plaintiff (cdod)
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| 11 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Miscellaneous Document |
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Consent by Heather Steinklein to join as a party plaintiff (cdod)
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| 12 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Miscellaneous Document |
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Consent by Kemia L. Thompson to join as a party plaintiff (cdod)
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| 13 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Motion for Miscellaneous Relief |
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MOTION by plaintiffs to Authorize Notice To Potential Party Plaintiffs (cdod)
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| 14 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Motion to Compel |
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MOTION by plaintiffs to Compel (cdod)
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| 15 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Motion for Extension |
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MOTION by plaintiffs to Extend Time In Which To Add Plainitffs (cdod)
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| 16 |
Filed: 9/12/2003, Entered: 9/15/2003 |
Memorandum in Support |
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MEMORANDUM by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson in support of [15-1] motion by plaintiffs to Extend Time In Which To Add Plaintiffs , [14-1] motion by plaintiffs to Compel , [13-1] motion by plaintiffs to Authorize Notice To Potential Party Plaintiffs received (cdod)
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| 17 |
Filed: 9/15/2003, Entered: 9/16/2003 |
Memorandum in Opposition |
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MEMORANDUM by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson in opposition to [6-1] motion by Lerner, New Yorkfor Leave to File amended answer received (cdod)
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| 18 |
Filed: 9/16/2003, Entered: 9/17/2003 |
Motion for Summary Judgment |
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MOTION by Lerner, New York for Summary Judgment (cdod)
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| 19 |
Filed: 9/16/2003, Entered: 9/17/2003 |
Memorandum in Support |
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MEMORANDUM by Lerner, New York in support of [18-1] motion for Summary Judgment received (cdod)
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| 19 |
Filed: 9/16/2003, Entered: 9/17/2003 |
Affidavit |
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Declaration of Joan Ruggiero [19-1] support memorandum by Lerner, New York (cdod)
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| 19 |
Filed: 9/16/2003, Entered: 9/17/2003 |
Affidavit |
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Declaration of John Farello in [19-1] support memorandum by Lerner, New York (cdod)
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| 20 |
Filed: 9/22/2003, Entered: 9/23/2003 |
Reply to Response to Motion |
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REPLY to response to [6-1] motion by Lerner, New Yorkfor Leave to File amended answer received (cdod)
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| 21 |
Filed: 9/26/2003, Entered: 9/29/2003 |
Memorandum in Opposition |
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MEMORANDUM by Lerner, New York in opposition to [16-1] support memorandum by plaintiffs received (cdod)
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| 22 |
Filed: 9/30/2003, Entered: 10/1/2003 |
Affidavit |
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Declaration of Paul Petrylka in support of [21-1] opposition memorandum by Lerner, New York (cdod)
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| 23 |
Filed: 9/30/2003, Entered: 10/1/2003 |
Memorandum in Opposition |
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MEMORANDUM by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson in opposition to [18-1] motion by Lerner, New York for Summary Judgment received (cdod)
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| 24 |
Filed: 10/1/2003, Entered: 10/2/2003 |
Reply to Response to Motion |
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REPLY by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson to response to [15-1] motion to Extend Time In Which To Add Plainitffs , [14-1] motion to Compel , [13-1] motion to Authorize Notice To Potential Party Plaintiffs received (cdod)
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| 25 |
Filed: 10/6/2003, Entered: 10/6/2003 |
Reply to Response to Motion |
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REPLY by Lerner, New York to response to [18-1] motion for Summary Judgment received (cdod)
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| 26 |
Filed: 10/17/2003, Entered: 10/20/2003 |
Motion for Miscellaneous Relief |
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MOTION with Memorandum in Support by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson by plaintiffs to file the affidavit of Jennifer Strickland with attached affidavit (cdod)
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| 27 |
Filed: 10/29/2003, Entered: 10/30/2003 |
Memorandum in Opposition |
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MEMORANDUM by Lerner, New York in opposition to [26-1] motion by plaintiffs to file the affidavit of Jennifer Strickland received (cdod)
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| 28 |
Filed: 10/30/2003, Entered: 10/30/2003, Terminated: 11/24/2003 |
Motion for Miscellaneous Relief |
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MOTION with Memorandum in Support by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson by plaintiffs to File the Affidavit of Heather Steinklein with attached affidavit (cdod) Modified on 10/30/2003
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| 29 |
Filed: 11/5/2003, Entered: 11/5/2003 |
Reply to Response to Motion |
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REPLY by Jennifer Strickland, and others similarly, Elizabeth C. Underwood, Lynette Podkanowicz, Heather Steinklein, Kemia L. Thompson to response to [26-1] motion by plaintiffs to file the affidavit of Jennifer Strickland received (cdod)
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| 30 |
Filed: 11/13/2003, Entered: 11/13/2003 |
Memorandum in Opposition |
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MEMORANDUM by Lerner, New York in opposition to [28-1] motion by plaintiffs to File the Affidavit of Heather Steinklein received (cdod)
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| 31 |
Filed: 11/21/2003, Entered: 11/24/2003 |
Motion for Summary Judgment |
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MOTION by Lerner, New York for Summary Judgment As To The Claims Of opt-In Plaintiff Elizabeth C. Underwood (cdod)
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| 32 |
Filed: 11/21/2003, Entered: 11/24/2003 |
Memorandum in Support |
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MEMORANDUM by Lerner, New York in support of [31-1] motion by Lerner, New York for Summary Judgment As To The Claims Of opt-In Plaintiff Elizabeth C. Underwood received (cdod)
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| 32 |
Filed: 11/21/2003, Entered: 11/24/2003 |
Affidavit |
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Declaration of Joan Ruggiero in support of [32-1] support memorandum by Lerner, New York (cdod)
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| 33 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Order |
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ORDER denying [28-1] motion by plaintiffs to File the Affidavit of Heather Steinklein, denying [26-1] motion by plaintiffs to file the affidavit of Jennifer Strickland, granting [18-1] motion by Lerner, New York for Summary Judgment, denying [15-1] motion by plaintiffs to Extend Time In Which To Add Plainitffs, denying [14-1] motion by plaintiffs to Compel, denying [13-1] motion by plaintiffs to Authorize Notice To Potential Party Plaintiffs, granting [6-1] motion by Lerner, New Yorkfor Leave to File amended answer; entered and filed 11/24/03 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 11/25/03 [EOD Date: 11/25/03] (cdod)
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| 34 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Answer to Complaint |
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AMENDED ANSWER to Complaint by Lerner, New York : amends [3-1] answer by Lerner, New York (cdod)
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| 35 |
Filed: 11/24/2003, Entered: 11/25/2003, Terminated: 1/6/2004 |
Motion for Summary Judgment |
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MOTION by Lerner, New York for Summary Judgment As To The Claims Of Opt-In Plaintiff Heather N. Steinklein (cdod)
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| 36 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Memorandum in Support |
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MEMORANDUM in support of [35-1] motion by Lerner, New York for Summary Judgment As To The Claims Opt-In Plaintiff Heather N. Steinklein received (cdod)
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| 36 |
Filed: 11/24/2003, Entered: 11/25/2003 |
Affidavit |
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Declaration of John Farello in support of [36-1] support memorandum by Lerner, New York (cdod)
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| 37 |
Filed: 12/4/2003, Entered: 12/4/2003 |
Affidavit |
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Declaration of Joan Ruggiero re: [35-1] motion by Lerner, New York for Summary Judgment As To The Claims Of Opt-In Plaintiff Heather N. Steinklein by Lerner, New York (cdod)
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| 38 |
Filed: 12/8/2003, Entered: 12/9/2003 |
Motion for Pro hac vice |
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MOTION by Lerner, New York for Sandra Jo Anderson to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 41667 (cdod)
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| 39 |
Filed: 12/8/2003, Entered: 12/9/2003 |
Motion for Pro hac vice |
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MOTION by Lerner, New York for Allen Shawn Kinzer to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 41667 (cdod)
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| -- |
Filed: 12/10/2003, Entered: 12/10/2003 |
Order |
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So Ordered: granting [38-1] motion by Lerner, New York for Sandra Jo Anderson to appear pro hac vice Filing Fee Paid 50.00 Receipt # 41667; entered and filed 12/10/03 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 12/10/03 (cdod)
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| -- |
Filed: 12/10/2003, Entered: 12/10/2003 |
Order |
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So Ordered: granting [39-1] motion by Lerner, New York for Allen Shawn Kinzer to appear pro hac vice Filing Fee Paid 50.00 Receipt # 41667; entered and filed 12/10/03 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 12/10/03 (cdod)
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| 40 |
Filed: 1/6/2004, Entered: 1/7/2004 |
Order |
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ORDER granting [35-1] motion by Lerner, New York for Summary Judgment As To The Claims Of Opt-In Plaintiff Heather N. Steinklein, granting [31-1] motion by Lerner, New York for Summary Judgment As To The Claims Of opt-In Plaintiff Elizabeth C. Underwood; entered and filed 01/06/04 ( signed by Judge Jerome B. Friedman ) Copies Mailed: 01/07/04 [EOD Date: 1/7/04] (cdod)
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| 41 |
Filed: 1/7/2004, Entered: 1/7/2004 |
Judgment |
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JUDGMENT that the defendants's motions for summary judgment with respect to plaintiffs Elizabeth Underwood and Heather Steinklein are GRANTED; entered clerk 01/06/04 and filed 01/07/04; ob Copies Mailed: 01/07/04 [EOD DATE: 1/7/04] (cdod)
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| -- |
Filed: 1/21/2004, Entered: 1/22/2004 |
Terminated Case |
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Case closed (cdod)
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| 42 |
Filed: 1/21/2004, Entered: 1/22/2004 |
Order |
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Agreed ORDER Dismissing this action with prejudice with each party to bear its own costs and attorneys' fees; agreed, entered and filed 01/21/04; ob ( signed by Judge Jerome B. Friedman ) Copies Mailed: 01/21/04 [EOD Date: 1/22/04] (cdod)
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| -- |
Filed: 1/22/2004, Entered: 1/22/2004 |
Set/Clear Flags |
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**Remove Jury Flag** (cdod)
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| -- |
Filed: 1/22/2004, Entered: 1/22/2004 |
Disposable Record |
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Disposable Record (cdod)
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