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 45 |
Filed: 6/29/2011, Entered: None |
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ORDER: It is hereby ordered that the parties may request the action be restored by September 28, 2011. So Ordered (Signed by Judge Paul G. Gardephe on 6/28/2011) (js) (Entered: 06/29/2011)
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| 44 |
Filed: 6/21/2011, Entered: None |
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Letter addressed to Judge Paul G. Gardephe from John A. Beranbaum dated 6/21/10 re: Counsel sets forth the remaining issues in dispute in the case and the prospects for settlement. Document filed by Elizabeth Guzman. (ft) (Entered: 06/27/2011)
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| 43 |
Filed: 6/27/2011, Entered: None |
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Letter addressed to Judge Paul G. Gardephe from Diane Saunders dated 7/26/10 re: Counsel writes to inform the court that the parties have not reached a settlement yet. Document filed by Justin Charpentier, Michael Dervos, Macy's Retail Holdings, Inc., Macy's, Inc. (ft) (Entered: 06/27/2011)
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| 42 |
Filed: 6/27/2011, Entered: None |
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Letter addressed to Judge Paul G. Gardephe from Jennifer Smith dated 10/7/09 re: Counsel writes to inform the Court that a recent Southern District opinion may support Plaintiff's opposition to Defendant's pending motion to dismiss. Document filed by Elizabeth Guzman. (ft) (Entered: 06/27/2011)
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| 41 |
Filed: 6/27/2011, Entered: None |
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Letter addressed to Judge Paul G. Gardephe from Diane Saunders dated 10/8/09 re: Counsel requests a two week extension of the represented defendants time to answer, move or otherwise respond to the complaint in this matter from 10/13/09 to 10/27/09. Document filed by Justin Charpentier, Michael Dervos. (ft) (Entered: 06/27/2011)
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| 40 |
Filed: 6/27/2011, Entered: None |
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Letter addressed to Judge Paul G. Gardephe from John A. Beranbaum dated 10/8/10 re: Counsel requests that an order be entered dismissing this matter without prejudice to restore it to the calendar within 90 days. Document filed by Elizabeth Guzman. (ft) (Entered: 06/27/2011)
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Request |
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| 39 |
Filed: 6/7/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from John A. Beranbaum dated 6/3/2011 re: Counsel for the Plaintiff writes to request that the Court cancel the settlement conference scheduled for 6/7/2011. Counsel also requests that the Court extend the time to finalize and execute the settlement agreement until 6/29/2011. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 6/7/2011) (ab) (Entered: 06/07/2011)
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Request |
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| 38 |
Filed: 5/5/2011, Entered: None |
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ORDER: Having received the parties' request for a settlement conference, a settlement conference will be held on June 7,2011, at 9:30 a.m. in Courtroom 6B of the United States Courthouse, 500 Pearl Street, New York, New York. The parties shall submit, by May 31, 2011, letters of no more than five pages in length setting forth the principal remaining disputes between them and each side's position concerning these issues. The parties should also submit any documents that are necessary for the Court to understand the nature of the parties' disputes. Clients are required to attend the settlement conference. (Signed by Judge Paul G. Gardephe on 5/4/2011) (jpo) (Entered: 05/05/2011)
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| 37 |
Filed: 4/21/2011, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Diane Marjorie Saunders on behalf of All Defendants. New Address: Ogletree, Deakins, Nash, Smoak & Stewart, P.C., One Boston Place, Suite 3220, Boston, MA, 02108, 617-994-5704. (Saunders, Diane) (Entered: 04/21/2011)
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| 36 |
Filed: 4/6/2011, Entered: None |
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ORDER: This Court issued a 90-day order on October 8, 2010, dismissing the action with prejudice but allowing either party to restore the action to this Court's calendar within the 90-day period if the settlement is not consummated. On January 7, 2011, this Court extended the period in which to apply for restoration by an additional 90 days, until April 8, 2011. Having received Plaintiff s April 6, 2011 letter requesting an additional 30 days in which to apply to restore this action if necessary, it is hereby ORDERED that the parties may request the action be restored by May 13, 2011. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/6/2011) (lnl) (Entered: 04/06/2011)
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| 35 |
Filed: 1/10/2011, Entered: None |
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ORDER: This Court issued a 90-day order on October 8, 2010, dismissing the action with prejudice but allowing either party to restore the action to this Court's calendar within the 90-day period if the settlement is not consummated. Having received Plaintiffs January 7, 2011 letter requesting an additional 90 days in which to apply to restore this action if necessary, it is hereby ORDERED that the parties may request the action be restored by April 8, 2011. (Signed by Judge Paul G. Gardephe on 1/7/2011) (jpo) (Entered: 01/10/2011)
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| 34 |
Filed: 1/7/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from John A. Beranbaum dated 1/7/2011 re: Requesting that the Court enter another 90 day order, by the end of which time the parties are hopeful that they can finalize the settlement in this matter. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 1/7/2011) (jpo) (Entered: 01/10/2011)
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| 33 |
Filed: 10/8/2010, Entered: None |
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ORDER: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within ninety days of this order, any party may apply by letter within the ninety-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. Any pending motions are moot. (Signed by Judge Paul G. Gardephe on 10/8/2010) (jpo) (Entered: 10/08/2010)
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| 32 |
Filed: 8/31/2010, Entered: None |
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ANSWER to Amended Complaint. Document filed by Justin Charpentier, Michael Dervos, Macy's East, Inc., Macy's Retail Holdings, Inc., Macy's, Inc.. Related document: 23 Amended Complaint, filed by Elizabeth Guzman.(Saunders, Diane) (Entered: 08/31/2010)
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| 31 |
Filed: 8/31/2010, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifies Macy's, Inc. as corporate parent. Document filed by Macy's, Inc..(Saunders, Diane) Modified on 8/31/2010 (rdz). (Entered: 08/31/2010)
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| 30 |
Filed: 8/23/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Diane Saunders dated 8/17/2010 re: I write to request an extension of Macy's, Inc.'s deadline to respond to the Second Amended Complaint in this matter for fourteen (14) days from today until August 31, 2010. ENDORSEMENT: The Application is granted. SO ORDERED. Macy's, Inc. answer due 8/31/2010. (Signed by Judge Paul G. Gardephe on 8/23/2010) (jmi) (Entered: 08/23/2010)
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| 29 |
Filed: 7/27/2010, Entered: None |
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CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge; This case is to be tried to a jury; Fact Discovery due by 11/2/2010. Complete depositions of fact witnesses by 10/22/10; Status Conference set for 10/28/2010 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 7/27/10) (djc) (Entered: 07/27/2010)
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| 28 |
Filed: 7/15/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from John A. Beranbaum dated 7/14/2010 re: The parties jointly request that the date for submission of the joint letter be extended a week to 7/26/2010. The parties also request that the date to file an answer to plaintiff's amended complaint be extended to 8/17/2010. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 7/14/2010) (jfe) (Entered: 07/15/2010)
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| 27 |
Filed: 6/29/2010, Entered: None |
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ORDER: It is hereby ORDERED that the parties shall submit a joint letter by July 19, 2010 updating the Court on the prospects for settlement and the need for discovery. Should the parties determine that discovery is necessary, the parties are directed to consult the Court's Individual Practices and model Case Management Plan and Scheduling Order - both of which are available on the Court's web site - and to submit with their joint letter a jointly proposed Case Management Plan. (Signed by Judge Paul G. Gardephe on 6/29/2010) (jfe) (Entered: 06/29/2010)
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| 26 |
Filed: 6/29/2010, Entered: None |
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ORDER: Accordingly, Dervos and Charpentier's motions to dismiss are DENIED without prejudice. To the extent that these defendants believe that a meritorious motion to dismiss may be made as to claims in the Second Amended Complaint - in light of this Court's decision concerning the Macy's defendants motion to dismiss - they may seek a pre-motion conference in accordance with this Court's individual rules. The Clerk of the Court is directed to terminate the motions. (Docket Nos. 13,15). (Signed by Judge Paul G. Gardephe on 6/29/2010) (jfe) (Entered: 06/29/2010)
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| 25 |
Filed: 6/8/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Diane Saunders dated 6/7/2010 re: Counsel for Defendants request an extension of time of Macy's, Inc.'s deadline to respond to the Second Amended Complaint in this matter for thirty (30) days after the 6/28/2010 settlement conference. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 6/8/2010) (tro) (Entered: 06/08/2010)
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| 24 |
Filed: 5/25/2010, Entered: None |
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ORDER: Settlement Conference set for 6/28/2010 at 10:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Paul G. Gardephe. The parties shall submit, by 6/21/2010, letters of no more than five pages in length setting forth the principal remaining disputes between them and each side's position regarding the prospects for settlement. The parties should also submit any documents that are necessary for the Court to understand the nature of the parties' disputes. Clients are required to attend the settlement conference. (Signed by Judge Paul G. Gardephe on 5/25/2010) (tro) (Entered: 05/25/2010)
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| 23 |
Filed: 4/9/2010, Entered: None |
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SECOND AMENDED COMPLAINT amending 2 Amended Complaint against Macy's, Inc., Macy's Retail Holdings, Inc., Michael Dervos, Justin Charpentier.Document filed by Elizabeth Guzman. Related document: 2 Amended Complaint filed by Elizabeth Guzman.(mro) (mro). (Entered: 04/09/2010)
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| 22 |
Filed: 3/29/2010, Entered: None |
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MEMORANDUM OPINION & ORDER:#98742 For the reasons stated above, Macy's motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's claims under Title VII, the NYSHRL, and the NYCHRL are dismissed to the extent that they are based on a constructive discharge theory. Plaintiff's NYCHRL hostile work environment claim and NJLAD retaliation claim are likewise dismissed. Plaintiff's COBRA claim and NYCHRL retaliation claim are dismissed with leave to replead. Plaintiff's Amended Complaint is to be filed by April 9, 2010. Macy's motion to dismiss is otherwise DENIED. The Clerk of the Court is directed to terminate the motion. [Docket No.5] (Signed by Judge Paul G. Gardephe on 3/29/2010) (jfe) Modified on 3/30/2010 (eef). Modified on 4/5/2010 (jfe). (Entered: 03/29/2010)
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| 21 |
Filed: 12/24/2009, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss First Amended Complaint., 15 MOTION to Dismiss First Amended Complaint.. Document filed by Elizabeth Guzman. (Beranbaum, John) (Entered: 12/24/2009)
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| 20 |
Filed: 12/23/2009, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Jennifer Smith dated 12/10/09 re: counsel for plaintiff requests that they be permitted to file a revised version of plaintiff's memorandum of law in opposition to defendants motions to dismiss. ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 12/23/09) (dle) (Entered: 12/23/2009)
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| 19 |
Filed: 12/22/2009, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss First Amended Complaint., 15 MOTION to Dismiss First Amended Complaint.. Document filed by Michael Dervos, Justin Charpentier. (Saunders, Diane) (Entered: 12/22/2009)
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| 18 |
Filed: 12/8/2009, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss First Amended Complaint., 15 MOTION to Dismiss First Amended Complaint.. Document filed by Elizabeth Guzman. (Attachments: # 1 Part 2)(Smith, Jennifer) (Entered: 12/08/2009)
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| 17 |
Filed: 12/4/2009, Entered: None |
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ENDORSED LETTER: addressed to Judge Paul G. Gardephe from Jennifer Smith dated 12/4/09. re:This firm represents the Plaintiff, Elizabeth Guzman, in the above-referenced case. I write.with the consent of Defendants' counsel, to request a brief extension of Plaintiffs deadline to serve opposition papers to the Individual Defendants' Motions to Dismiss, currently due today. December 4.2009. Defendants Charpentier and Dervos previously requested an extension of their deadline to file their moving papers to October 27, 2009, and Plaintiff requested that her deadline be extended accordingly, to the current deadline of December 4, 2009. Counsel for Defendants, Diane Saunders has graciously consented to the current request, and has asked that Defendants' deadline to file their reply papers, currently December 18,2009, be extended accordingly to December 22,2009. It is not anticipated that this extension will affect any other deadlines in this case. ENDORSEMENT: The Application is granted. So Ordered. ( Motions due by 12/4/2009., Replies due by 12/22/2009.) (Signed by Judge Paul G. Gardephe on 12/4/09) (js) (Entered: 12/04/2009)
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| 16 |
Filed: 10/27/2009, Entered: None |
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MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss First Amended Complaint.. Document filed by Justin Charpentier. (Saunders, Diane) (Entered: 10/27/2009)
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| 15 |
Filed: 10/27/2009, Entered: None |
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MOTION to Dismiss First Amended Complaint. Document filed by Justin Charpentier.(Saunders, Diane) (Entered: 10/27/2009)
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Request |
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| 14 |
Filed: 10/27/2009, Entered: None |
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MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss First Amended Complaint.. Document filed by Michael Dervos. (Saunders, Diane) (Entered: 10/27/2009)
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Request |
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| 13 |
Filed: 10/27/2009, Entered: None |
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MOTION to Dismiss First Amended Complaint. Document filed by Michael Dervos.(Saunders, Diane) (Entered: 10/27/2009)
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Request |
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| 12 |
Filed: 10/9/2009, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Diane Saunders dated 10/8/09 re: Counsel for Defendant Michael Dervos and Justin Charpentier request a (2) week extension of these defendants' time to answer, move or otherwise respond to the complaint in this matter from 10/13/09 to 10/27/09. The parties also ask that the plaintiff be granted an extension of time to 12/4/09 to serve her opposition papers, and that the deadline for defendants' reply be extended until 12/18/09. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 10/8/09) (tro) (Entered: 10/09/2009)
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| 11 |
Filed: 8/5/2009, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss.. Document filed by Macy's Retail Holdings, Inc.. (Saunders, Diane) (Entered: 08/05/2009)
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Request |
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| 10 |
Filed: 7/24/2009, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 5 MOTION to Dismiss.. Document filed by Elizabeth Guzman. (Smith, Jennifer) (Entered: 07/24/2009)
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Request |
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| 9 |
Filed: 7/15/2009, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Jennifer Smith dated 7/15/09 re: The parties write to request that their deadline to serve its reply also be extended by five days until 8/5/09. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 7/15/09) (tro) (Entered: 07/15/2009)
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| 8 |
Filed: 7/14/2009, Entered: None |
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ENDORSED LETTER addressed to Judge Paul G. Gardephe from Jennifer Smith dated 7/13/09 re: Counsel for Plaintiff write to request a 10-day extension of Plaintiff's deadline from 7/15/09 until 7/24/09 to serve opposition papers to Defendant's Motion to Dismiss. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 7/14/09) (tro) (Entered: 07/14/2009)
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| 7 |
Filed: 7/7/2009, Entered: None |
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NOTICE OF APPEARANCE by Jennifer Lea Smith on behalf of Elizabeth Guzman (Smith, Jennifer) (Entered: 07/07/2009)
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Request |
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| 6 |
Filed: 7/1/2009, Entered: None |
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MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss.. Document filed by Macy's Retail Holdings, Inc.. (Attachments: # 1 Exhibit EEOC Charge)(Saunders, Diane) (Entered: 07/01/2009)
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| 5 |
Filed: 7/1/2009, Entered: None |
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MOTION to Dismiss. Document filed by Macy's Retail Holdings, Inc..(Saunders, Diane) (Entered: 07/01/2009)
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Request |
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| 4 |
Filed: 7/1/2009, Entered: None |
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NOTICE OF APPEARANCE by Diane Marjorie Saunders on behalf of Macy's Retail Holdings, Inc. (Saunders, Diane) (Entered: 07/01/2009)
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Request |
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| 3 |
Filed: 7/1/2009, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Macy's, Inc. as Corporate Parent. Document filed by Macy's Retail Holdings, Inc..(Saunders, Diane) (Entered: 07/01/2009)
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Request |
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| 2 |
Filed: 6/1/2009, Entered: None |
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AMENDED COMPLAINT amending 1 Complaint against Macy's Retail Holdings, Inc., Michael Dervos, Justin Charpentier. Document filed by Elizabeth Guzman. Related document: 1 Complaint filed by Elizabeth Guzman.(dle) (dle). (Entered: 06/02/2009)
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| 1 |
Filed: 5/8/2009, Entered: None |
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COMPLAINT against Macy's East, Inc., Michael Dervos, Justin Charpentier. (Filing Fee $ 350.00, Receipt Number 687529)Document filed by Elizabeth Guzman.(ama) (Entered: 05/12/2009)
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