Case: Williamson v. Maciol

U.S. Court of Appeals for the Second Circuit

COMPLAINT against Robert Maciol, Lisa Zurek (Filing fee $400 receipt number ANYNDC-5116096) filed by Nicole Williamson, Shannon Terrell, Sarah Barrett. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 05/12/2020)

1 Civil Cover Sheet

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Summons Issued as to Robert Maciol. (Attachments: # 1 Summons Issued as to Lisa Zurek)(meb) (Entered: 05/12/2020)

G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 8/10/2020 at 9:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/3/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) (Entered: 05/12/2020)

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. (meb, ) (Entered: 05/12/2020)

NOTICE of Admission Requirement as to Parties Nicole Williamson, Sarah Barrett, Shannon Terrell; Attorney Sara Adams. Phone number is (315)-703-6500. Admissions due by 5/26/2020. (meb) (Entered: 05/12/2020)

NOTICE of Admission Requirement as to Parties Nicole Williamson, Sarah Barrett, Shannon Terrell; Attorney Maurie Heins. Phone number is (315)-703-6500. Admissions due by 5/26/2020. (meb) (Entered: 05/12/2020)

NOTICE of Appearance by David H. Walsh, IV on behalf of Robert Maciol, Lisa Zurek (Walsh, David) (Entered: 05/14/2020)

WAIVER OF SERVICE Returned Executed by Robert Maciol, Lisa Zurek. Robert Maciol waiver sent on 5/14/2020, answer due 7/13/2020. (Walsh, David) (Entered: 05/14/2020)

NOTICE of Appearance by Maurie G. Heins on behalf of All Plaintiffs (Heins, Maurie) (Entered: 05/18/2020)

MOTION to Certify Class Motion Hearing set for 7/7/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/22/2020 Reply to Response to Motion due by 6/26/2020. filed by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Attachments: # 1 Memorandum of Law in support of Plaintiffs' Motion, # 2 Declaration of Joshua Cotter in support of Plaintiffs' Motion, # 3 Exhibit(s) 1-3 to the Declaration of Joshua Cotter, # 4 Exhibit(s) 4-12 to the Declaration of Joshua Cotter) (Cotter, Joshua) (Entered: 05/21/2020)

NOTICE of Appearance by Sara Adams on behalf of All Plaintiffs (Adams, Sara) (Entered: 05/26/2020)

Letter Motion from Counsel for Sarah Barrett, Shannon Terrell, Nicole Williamson requesting Approval to file a Motion for a Preliminary Injunction submitted to Judge D'Agostino . (Cotter, Joshua) (Entered: 05/26/2020)

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Extension of Time submitted to Judge D'Agostino . (Walsh, David) (Entered: 05/26/2020)

TEXT ORDER granting 13 Letter Motion: It is hereby ORDERED that the Defendants shall file a reply to 12 Plaintiffs letter for permission to file a preliminary injunction, by 6/2/2020. SO ORDERED by Judge Mae A. DAgostino on 5/28/2020. (ban) (Entered: 05/28/2020)

Order on Letter Request

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Defendants' response to Plaintiffs' letter requesting permission to file motion for a preliminary injunction submitted to Judge D'Agostino . (Walsh, David) (Entered: 06/01/2020)

NOTICE of Appearance by Daniel Cartwright on behalf of Robert Maciol, Lisa Zurek (Cartwright, Daniel) (Entered: 06/05/2020)

TEXT Minute Entry for Telephone Pre-Motion Conference held on 6/8/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Samuel Young, Esq., Joshua Cotter, Esq., and Sara Adams, Esq. for the Plaintiffs; and David Walsh, Esq. for the defendants; Judge D'Agostino addresses counsel regarding the plaintiff's request for leave to file a motion for preliminary injunction and the already filed motion for class certification; Counsel for the plaintiff and counsel for the defense address the Court; After hearing from the parties, Judge D'Agostino will permit the plaintiff to file their motion for a preliminary injunction by 6/11/20; The motion return date shall be set for July 7, 2020 (ON SUBMIT) before Judge D'Agostino; Response papers will be due by 6/22/20; Reply papers will be due on or before 6/26/20; the motion will be decided on the submission of the papers only, unless otherwise directed by the Court; The Court will decide the motion for class action and the motion for preliminary injunction at the same time. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 1:58 p.m. - 2:16 p.m.]) (ban)

MAIL RETURNED UNDELIVERABLE: The # 6 Notice of Admission Requirement that was sent to Attorney Maurie Heins, Esq. at 221 South Warren Street, 3rd Floor, Syracuse, NY 13202 was returned undeliverable. Envelope marked: "Not Here - Return to Sender - Not Deliverable as Addressed - Unable to Forward." (rep) (Entered: 06/09/2020)

MOTION for Preliminary Injunction Motion Hearing set for 7/7/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 6/22/2020 Reply to Response to Motion due by 6/26/2020. filed by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Attachments: # 1 Declaration of Joshua Cotter in support of the Motion, # 2 Exhibit(s) 1-3 to the Declaration of Joshua Cotter, # 3 Exhibit(s) 4-12 to the Declaration of Joshua Cotter, # 4 Exhibit(s) 13-16 to the Declaration of Joshua Cotter, # 5 Memorandum of Law) (Cotter, Joshua) (Entered: 06/10/2020)

1 Declaration of Joshua Cotter in support of the Motion

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2 Exhibit(s) 1-3 to the Declaration of Joshua Cotter

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3 Exhibit(s) 4-12 to the Declaration of Joshua Cotter

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4 Exhibit(s) 13-16 to the Declaration of Joshua Cotter

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5 Memorandum of Law

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CERTIFICATE OF SERVICE by Sarah Barrett, Shannon Terrell, Nicole Williamson re 18 MOTION for Preliminary Injunction (Cotter, Joshua) (Entered: 06/10/2020)

Letter Motion from David Walsh, Esq. for Defendants for Robert Maciol, Lisa Zurek requesting Extension of Time submitted to Judge D'Agostino . (Walsh, David) (Entered: 06/15/2020)

TEXT ORDER granting 20 Letter Request re 10 MOTION to Certify Class, 18 MOTION for Preliminary Injunction : It is hereby ORDERED that the joint request for an extension of the Plaintiffs' and Defendants' response and reply dates for both motions is GRANTED. Defendants' response to motions are due on or before 6/24/2020; Plaintiffs' Reply to Response to Motions are due by 6/29/2020. Signed by U.S. District Judge Mae A. D'Agostino on 6/17/20. (ban) (Entered: 06/17/2020)

Reset Deadlines as to 18 MOTION for Preliminary Injunction, 10 MOTION to Certify Class - Response to Motion due by 6/24/2020, Reply to Response to Motion due by 6/29/2020. (ban)

Order on Letter Request

AFFIDAVIT re 10 MOTION to Certify Class filed by Robert Maciol, Lisa Zurek. (Walsh, David) Modified on 6/25/2020 to clarify docket text (rep). (Entered: 06/24/2020)

AFFIDAVIT in Opposition re 18 MOTION for Preliminary Injunction filed by Robert Maciol, Lisa Zurek. (Attachments: # 1 Declaration Declaration of Maciol, # 2 Declaration Declaration of Zurek, # 3 Declaration Declaration of Harris, # 4 Memorandum of Law)(Walsh, David) (Entered: 06/24/2020)

REPLY to Response to Motion re 18 MOTION for Preliminary Injunction filed by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Attachments: # 1 Declaration Supplementing the initial Declaration of Joshua Cotter in support of the motion, # 2 Exhibit(s) 1-5 to the Supplemental Declaration of Joshua Cotter)(Cotter, Joshua) (Entered: 06/29/2020)

Letter Motion from Joshua Cotter for Nicole Williamson requesting Enclosing thumb drive with video files submitted to Judge D'Agostino (delivered to Clerk's Office). (Young, Samuel) (Entered: 07/01/2020)

THUMB DRIVE: Received as an exhibit of the # 24 Reply. {Thumb drive on file in the Clerk's Office and is not available for public viewing}. (rep) (Entered: 07/02/2020)

ANSWER to 1 Complaint by Robert Maciol, Lisa Zurek.(Walsh, David) (Entered: 07/13/2020)

MEMORANDUM-DECISION AND ORDER: GRANTING Plaintiff's 10 Motion For Class Certification and DENYING Plaintiff's 18 Motion for Preliminary Injunction. The Court further orders that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on August 3, 2020. (rep)

CIVIL CASE MANAGEMENT PLAN by Robert Maciol, Lisa Zurek. (Walsh, David) (Entered: 08/03/2020)

TEXT ORDER: The Rule 16 Initial Conference in this matter is set for August 10, 2020 at 9:30 AM before the undersigned and will be conducted by TELEPHONE. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/7/2020. (mab) (Entered: 08/07/2020)

Order

Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 8/10/2020. Appearances: Joshua Cotter, Esq. and Samuel Young, Esq. for Plaintiffs; Daniel Cartwright, Esq. for Defendants. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. Court discusses the potential for settlement. The Court discusses question of fact that remains as to Plaintiffs' exhaustion of administrative remedies pursuant to District Judge D'Agostino's Memorandum-Decision and Order. The Court believes that resolving these questions early on will be beneficial as the case progresses. The Court schedules an exhaustion hearing. Deadlines set. A Scheduling Order to be issued. (TIME: 9:31AM-9:54AM). (mab)

TEXT ORDER: As per the Court's August 3, 2020 Memorandum-Decision and Order (Dkt. No. 28), questions of fact exist as to Plaintiffs' exhaustion of administrative remedies. As such, the issue of exhaustion is referred to Magistrate Judge Daniel J. Stewart in order to set an exhaustion hearing with the parties. Signed by U.S. District Judge Mae A. D'Agostino on 8/14/2020. (ban) (Entered: 08/14/2020)

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/29/2021. Amended Pleadings due by 1/29/2021. Discovery due by 6/30/2021. Motions to be filed by 8/31/2021. Status Report due by 11/30/2020. Signed by Magistrate Judge Daniel J. Stewart on 8/14/2020. (mab) (Entered: 08/14/2020)

ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT OBTAIN SEPARATE COUNSEL as to Defendants Robert Maciol and Lisa Zurek. Signed by Magistrate Judge Daniel J. Stewart on 8/14/2020. (mab) (Entered: 08/14/2020)

Set Deadlines: Defendants to respond to 33 Order to Show Cause on or before 10/13/2020. (mab)

TEXT ORDER: An Exhaustion Hearing in this matter is scheduled for October 15, 2020 at 9:30 AM before the undersigned. The parties are directed to file pre-hearing submissions, including witness lists and exhibit lists, on or before October 5, 2020. Two sets of exhibits shall be provided to the Court and a set provided to opposing counsel prior to the date of scheduled hearing. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/14/2020. (mab) (Entered: 08/14/2020)

Order

~Util - Set Hearings AND Order

NOTICE OF INTERLOCUTORY APPEAL as to 28 Order on Motion to Certify Class,, Order on Motion for Preliminary Injunction, by Nicole Williamson. Filing fee $ 505, receipt number ANYNDC-5212444. (Young, Samuel) Modified on 8/20/2020 to indicate the appeal is interlocutory (rep, ). (Entered: 08/20/2020)

CERTIFICATE OF SERVICE by Nicole Williamson of Notice of Appeal (Young, Samuel) (Entered: 08/20/2020)

ELECTRONIC NOTICE AND CERTIFICATION sent to US Court of Appeals regarding the 35 Notice of Interlocutory Appeal. (rep) (Entered: 08/20/2020)

CLERK'S CORRECTION OF DOCKET ENTRY: The clerk modified the docket text of the # 35 Appeal to indicate that it is an Interlocutory Appeal. (rep)

USCA Case Number 20-2779 for 35 Notice of Appeal. (rep)

Letter Motion from defendants for Robert Maciol, Lisa Zurek requesting Rescheduling of Exhaustion Hearing submitted to Judge Stewart . (Walsh, David) (Entered: 09/16/2020)

TEXT ORDER: On September 16, 2020, Defendants filed a Letter Request, with the consent of Plaintiffs, seeking to reschedule the Exhaustion Hearing in this matter. Dkt. No. 38 . Based upon the reasons set forth in Defendants' submission and upon the consent of the parties, the request is GRANTED and the Exhaustion Hearing is RESCHEDULED for November 19, 2020 at 9:30 AM in Albany, NY before the undersigned. The parties are directed to file pre-hearing submissions, including witness lists and exhibit lists, on or before November 9, 2020. Two sets of exhibits shall be provided to the Court and a set provided to opposing counsel prior to the date of scheduled hearing. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/23/2020. (mab) (Entered: 09/23/2020)

Order on Letter Request

Letter Motion from Counsel for Sarah Barrett, Shannon Terrell, Nicole Williamson requesting Permission to File Motion for Partial Summary Judgment submitted to Judge D'Agostino . (Cotter, Joshua) (Entered: 11/03/2020)

Letter Response from Defendants for Robert Maciol, Lisa Zurek requesting Response to Plaintiffs' 11/03/20 42 Letter submitted to Judge D'Agostino . (Walsh, David) Modified on 11/3/2020 to clarify docket text (rep). (Entered: 11/03/2020)

Amended Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Amended Response to Plaintiff's 11.03.20 submitted to Judge D'Agostino . (Walsh, David) (Entered: 11/03/2020)

TEXT ORDER denying 42 44 letter requests. In a letter motion dated November 3, 2020, Plaintiffs' counsel asks this Court for permission to file a motion for partial summary judgment on the issue of exhaustion and to postpone the exhaustion hearing scheduled for November 19, 2020. See Dkt. No. 42. Defendants oppose Plaintiffs' request, arguing that questions of fact would preclude the Court from granting any such motion and that the case upon which Plaintiffs rely is distinguishable. Plaintiffs' request is denied. Upon conclusion of the exhaustion hearing, the parties will be permitted to raise all arguments relevant to their positions in post-hearing motions. This will avoid the need for the Court to potentially address serial motions for summary judgment should Plaintiffs' proposed pre-hearing motion be denied. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 11/9/2020. (ban) (Entered: 11/09/2020)

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Conference submitted to Judge Stewart . (Walsh, David) (Entered: 11/09/2020)

Text Minute Entry for proceedings held by teleconference before Magistrate Judge Daniel J. Stewart: Telephone Conference held on 11/9/2020. Appearances: Joshua Cotter, Esq. for Plaintiffs; David Walsh, Esq. for Defendants. The Court summarizes the status of the case thus far and purpose for the conference. The request for an extension until November 11, 2020 for submissions related to the exhaustion hearing is granted. An order will be entered. (Court Reporter Theresa Casal) (dpk)

Order on Letter Request AND Order on Letter Request

TEXT ORDER granting 46 Letter Request for a conference, and for an extension of time until November 11, 2020, for counsel to file their pre-hearing submissions. The Exhaustion Hearing will proceed as scheduled on November 19, 2020 at 9:30 am. Signed by Magistrate Judge Daniel J. Stewart on 11/10/2020. (Stewart, Daniel) (Entered: 11/10/2020)

LETTER BRIEF Re: Exhibit List For Exhaustion Hearing by Robert Maciol, Lisa Zurek. (Walsh, David) (Entered: 11/11/2020)

Exhibit List by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Cotter, Joshua) (Entered: 11/11/2020)

PRETRIAL STIPULATION by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Cotter, Joshua) (Entered: 11/11/2020)

Witness List by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Cotter, Joshua) (Entered: 11/11/2020)

TRIAL BRIEF by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Cotter, Joshua) (Entered: 11/11/2020)

Witness List by Robert Maciol, Lisa Zurek. (Walsh, David) (Entered: 11/16/2020)

Exhibit List Reflecting Parties' Amendments by Sarah Barrett, Shannon Terrell, Nicole Williamson. (Cotter, Joshua) (Entered: 11/17/2020)

Minute Entry for Exhaustion Hearing held on 11/19/2020 via video before Magistrate Judge Daniel J. Stewart. Appearances: Joshua T. Cotter, Esq. for Plaintiffs; David H. Walsh, Esq. for Defendants. Exhibits P-1 through P-14 are admitted into evidence. Defendants' Witness: Lt. Deborah Harris. Plaintiffs' Witnesses: Sarah Barrett, Carrie Bachmann, Sabrina Davis and Katrina Parkhurst. Plaintiffs move the Court under F.R.C.P. 52(c); the Defendants are heard in response. The Court reserves on Plaintiffs' motion. Evidence is closed; the Court directs supplemental briefings to be filed by December 7, 2020. (Court Reporter Lisa Tennyson/CRD: D. Krug) (dpk) (Entered: 11/19/2020)

Joint Exhibit List as executed during the Exhaustion Hearing. (dpk) (Entered: 11/19/2020)

TRANSCRIPT REQUEST by Sarah Barrett, Shannon Terrell, Nicole Williamson for proceedings held on 11/19/2020 before Judge Stewart.. (Cotter, Joshua) (Entered: 11/30/2020)

TRANSCRIPT REQUEST by Sarah Barrett, Shannon Terrell, Nicole Williamson for proceedings held on 11/19/2020 before Judge Stewart.. (Cotter, Joshua) (Entered: 11/30/2020)

Letter Motion from Counsel for Sarah Barrett, Shannon Terrell, Nicole Williamson requesting the Removal of Shannon Terrell and Nicole Williamson as Class Representatives and Plaintiffs submitted to Judge D'Agostino . (Attachments: # 1 Proposed Order/Judgment)(Cotter, Joshua) (Entered: 12/04/2020)

ORDER: Granting the 59 Letter Request removing Nicole Williamson and Shannon Terrell as class representatives. The case caption shall be amended to reflect the removal of these two defendants. Signed by U.S. District Judge Mae A. D'Agostino on December 7, 2020. (rep) (Entered: 12/07/2020)

TRIAL BRIEF for the Exhaustion Hearing by Sarah Barrett. (Cotter, Joshua) (Entered: 12/07/2020)

TRIAL BRIEF For the Exhaustion Hearing by Robert Maciol, Lisa Zurek. (Walsh, David) (Entered: 12/07/2020)

Letter Motion from Counsel for Sarah Barrett requesting the Court Strike a Portion of Defendants' Post-Hearing Brief from Consideration submitted to Judge Stewart . (Cotter, Joshua) (Entered: 12/08/2020)

RESPONSE/LETTER MOTION from Defendants for Robert Maciol, Lisa Zurek requesting Denial of Plaintiff's Request submitted to Judge Stewart . (Walsh, David) Modified on 12/9/2020 to clarify docket text (rep). (Entered: 12/08/2020)

CERTIFIED ORDER OF USCA: As to the 35 Notice of Appeal - It is hereby Ordered, Adjudged, and Decreed that the District Court's Order is VACATED and the case is REMANDED for further proceedings. {Certified copy issued on 1/11/2021}. (rep) (Entered: 01/11/2021)

TRANSCRIPT of Proceedings: Exhaustion Hearing held on November 19, 2020, before Judge Daniel J. Stewart, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021. Notice of Intent to Redact due by 1/19/2021 (lt, ) (Entered: 01/14/2021)

Letter Motion from Plaintiffs' Counsel for Sarah Barrett requesting a Conference with the Court submitted to Judge D'Agostino . (Cotter, Joshua) (Entered: 01/14/2021)

TEXT ORDER granting 67 Letter Request for a status conference: It is hereby ORDERED that the plaintiffs request for a status conference is GRANTED. A telephone status conference is set for Monday, February 8, 2021 at 1:30 p.m. before Judge D'Agostino. Dial-in instructions will be provided to counsel. Signed by U.S. District Judge Mae A. D'Agostino on 1/15/21. (ban) (Entered: 01/15/2021)

Order on Letter Request

MANDATE OF USCA: It is hereby ORDERED, ADJUDGED, AND DECREED that the district courts order is VACATED and the case is REMANDED for further proceedings. {Mandate issued on February 4, 2021}. (rep) (Entered: 02/05/2021)

TEXT Minute Entry for Telephone Status Conference held on 2/8/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Joshua Cotter, Esq. and Samuel Young, Esq. for the Plaintiffs; David Walsh,IV, Esq. and Daniel Cartwright, Esq. for the defendants; Plaintiff's counsel requested a status conference; A telephone conference was held today. Judge D'Agostino will permit Counsel to submit supplemental briefing - Counsel's briefs should include factual briefing on the evidence and pursuant to the issues addressed in the Mandate; Defendant's Supplemental Brief shall be filed on or before 2/22/21; Plaintiff's supplemental brief shall be filed on or before 3/8/21. (Court Reporter Theresa Casal, CRD Britney Norton [Time 1:31 p.m. - 1:36 p.m.]) (ban) Modified on 2/19/2021 (ban, ).

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Extension submitted to Judge Mae DAgostino . (Walsh, David) (Entered: 02/18/2021)

TEXT ORDER granting 70 Letter Request: It is hereby ORDERED that the defendant's request for an extension of the supplemental briefing schedule is GRANTED; The defendant's brief shall be filed on or before 3/1/21; Plaintiff's supplemental brief shall be filed on or before 3/15/21. Signed by U.S. District Judge Mae A. D'Agostino on 2/19/21. (ban) (Entered: 02/19/2021)

Order on Letter Request

AFFIDAVIT in Opposition re 18 MOTION for Preliminary Injunction filed by Robert Maciol, Lisa Zurek. (Attachments: # 1 Exhibit(s) Supplemental Declaration of Zurek, # 2 Memorandum of Law Supplemental Memorandum of Law)(Walsh, David) (Entered: 03/01/2021)

REPORT-RECOMMENDATION AND ORDER: It is hereby RECOMMENDED, that the Court find that the alleged failure to exhaust administrative remedies is not a basis for dismissal of this action; and it is further ORDERED, that the Clerk of the Court serve a copy of this Report-Recommendation upon the parties to this action. Pursuant to 28 U.S.C. § 636(b)(1), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN (14) DAYS WILL PRECLUDE APPELLATE REVIEW. Signed by Magistrate Judge Daniel J. Stewart on March 11, 2021. {Objections to R&R due by 3/25/2021}(rep)

Set Objection Deadlines as to 73 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Nicole Williamson, Shannon Terrell, Sarah Barrett : Objections to R&R due by 3/25/2021 (ban)

MEMORANDUM OF LAW re 72 Affidavit in Opposition to Motion, filed by Sarah Barrett. (Attachments: # 1 Declaration of Joshua Cotter, # 2 Exhibit(s) 1-3 to the Supplemental Declaration of Joshua Cotter, # 3 Exhibit(s) Part 1 of Exhibit 4, # 4 Exhibit(s) Part 2 of Exhibit 4, # 5 Exhibit(s) 5-7 of the Supplemental Declaration of Joshua Cotter)(Cotter, Joshua) (Attachment 3 replaced on 3/22/2021) (rep, ). (Attachment 5 replaced on 3/22/2021) (rep, ). (Attachment 4 replaced on 3/22/2021) (rep, ). (Entered: 03/15/2021)

Letter Motion from Plaintiffs' Counsel for Sarah Barrett requesting an extension of the discovery deadline submitted to Judge Stewart . (Cotter, Joshua) (Entered: 03/18/2021)

CLERK'S CORRECTION OF DOCKET ENTRY: The clerk replaced attachments 3, 4, and 5 to the 74 Memorandum of Law to rotate the pages in the same direction. (rep)

TEXT ORDER granting the parties jointly filed 75 Letter Request seeking an extension of the deadlines in this matter. The Court amends the Scheduling Order as follows: 1) Plaintiffs to serve expert disclosures by July 2, 2021; 2) Defendants to serve expert disclosures by August 16, 2021; 3) Rebuttals to be served by August 31, 2021; 4) Discovery to be completed by September 30, 2021; 5) Dispositive motions to be filed by December 3, 2021; and 6) All other provisions previously set forth in the 32 Uniform Pretrial Scheduling Order remain in effect. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/23/2021. (mab) (Entered: 03/23/2021)

Order on Letter Request

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Conference submitted to Judge Stewart . (Walsh, David) (Entered: 09/08/2021)

RESPONSE TO LETTER BRIEF filed by Sarah Barrett as to 77 Letter Request/Motion filed by Robert Maciol, Lisa Zurek . (Attachments: # 1 Exhibit(s) Exhibit 1, # 2 Exhibit(s) Exhibit 2, # 3 Exhibit(s) Exhibit 3)(Cotter, Joshua) (Entered: 09/09/2021)

Letter Motion from Defendants for Robert Maciol, Lisa Zurek requesting Extension submitted to Judge Stewart . (Walsh, David) (Entered: 09/24/2021)

TEXT ORDER granting Defendants' 77 Letter Request seeking a conference to address discovery issues that have arisen in this matter. Counsel are directed to appear for a Discovery Telephone Conference on September 29, 2021 at 9:30 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/24/2021. (mab) (Entered: 09/24/2021)

Order on Letter Request

TEXT ORDER. In connection with an outstanding discovery dispute, an on-the-record telephone conference was held with the parties. Based upon that conference, the Court directs defense counsel to provide an update by October 8, 2021, regarding any additional issues associated with the production of the requested information. Counsel for the Plaintiff shall then have until October 12, 2021, to submit a response. If any dispute remains, the Court will issue an order at that time. Finally, the time period for the completion of discovery in this matter is extended until December 31, 2021. Dispositive motions, if any, are to be filed before January 31, 2022. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 9/29/2021. (Stewart, Daniel) (Entered: 09/29/2021)