1
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COMPLAINT against The City of New York filing fee $ 405, receipt number ANYEDC-17582058 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Marianna Azar, Shavona Warmington, Mathew Eng, Jane Doe 2, Curtayasia Taylor, Jane Doe 1, Shalonda Curtis-Hackett, Ebony Gould, Christopher Hackett. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Shalleck-Klein, David) (Entered: 02/20/2024)
1 Civil Cover Sheet
View on PACER
2 Proposed Summons
View on PACER
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Feb. 20, 2024
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Feb. 20, 2024
Clearinghouse
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2
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MOTION for Leave to File Document / Leave to Proceed under a Pseudonym by Jane Doe 1. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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3
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MEMORANDUM in Support re 2 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym filed by Jane Doe 1. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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4
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AFFIDAVIT/DECLARATION in Support re 2 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym filed by Jane Doe 1. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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5
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MOTION for Leave to File Document / Leave to Proceed under a Pseudonym by Jane Doe 2. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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6
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MEMORANDUM in Support re 5 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym filed by Jane Doe 2. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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7
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AFFIDAVIT/DECLARATION in Support re 5 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym filed by Jane Doe 2. (Shalleck-Klein, David) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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8
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Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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9
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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10
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Summons Issued as to The City of New York. (CV) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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11
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MOTION to Appear Pro Hac Vice for Anna Arons Filing fee $ 200, receipt number ANYEDC-17584572 by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Attachments: # 1 Affidavit in Support Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Exhibit Certificates of Good Standing in Support of Motion to Admit Counsel Pro Hac Vice, # 3 Proposed Order Proposed Order to Admit Counsel Pro Hac Vice) (Arons, Anna) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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12
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NOTICE of Appearance by Eliza McDuffie on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (McDuffie, Eliza) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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13
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NOTICE of Appearance by Katherine Ruth Rosenfeld on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Rosenfeld, Katherine) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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14
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NOTICE of Appearance by Audra J. Soloway on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Soloway, Audra) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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15
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NOTICE of Appearance by Erin J. Morgan on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Morgan, Erin) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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16
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NOTICE of Appearance by Max Roller Selver on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Selver, Max) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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17
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NOTICE of Appearance by Daniel Negless on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Negless, Daniel) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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18
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MOTION to Appear Pro Hac Vice for Sera Idoko Filing fee $ 200, receipt number ANYEDC-17587463 by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing, # 3 Proposed Order) (Idoko, Sera) (Entered: 02/20/2024)
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Feb. 20, 2024
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Feb. 20, 2024
PACER
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19
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First MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-17592545 by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Proposed Order) (Gottlieb, Christine) (Entered: 02/21/2024)
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Feb. 21, 2024
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Feb. 21, 2024
PACER
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Order on Motion for Leave to Appear Pro Hac Vice
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Feb. 29, 2024
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Feb. 29, 2024
PACER
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ELECTRONIC ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/29/2024. (CH)
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Feb. 29, 2024
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Feb. 29, 2024
PACER
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ELECTRONIC ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/29/2024. (CH)
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Feb. 29, 2024
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Feb. 29, 2024
PACER
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23
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MOTION to Intervene and enjoin case, filed by Carolette Meadows. (SG) (Entered: 03/07/2024)
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Feb. 29, 2024
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Feb. 29, 2024
PACER
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20
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NOTICE of Appearance by Anna Arons on behalf of All Plaintiffs (notification declined or already on case) (Arons, Anna) (Entered: 03/01/2024)
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March 1, 2024
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March 1, 2024
PACER
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21
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SUMMONS Returned Executed by Marianna Azar, Shavona Warmington, Mathew Eng, Jane Doe 2, Curtayasia Taylor, Jane Doe 1, Shalonda Curtis-Hackett, Ebony Gould, Christopher Hackett. The City of New York served on 2/22/2024, answer due 3/14/2024. (Soloway, Audra) (Entered: 03/01/2024)
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March 1, 2024
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March 1, 2024
PACER
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22
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AFFIDAVIT/DECLARATION in Support re 18 MOTION to Appear Pro Hac Vice for Sera Idoko Filing fee $ 200, receipt number ANYEDC-17587463 filed by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Attachments: # 1 Updated Certificate of Good Standing) (Idoko, Sera) (Entered: 03/04/2024)
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March 4, 2024
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March 4, 2024
PACER
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Order on Motion for Leave to Appear Pro Hac Vice
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March 4, 2024
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March 4, 2024
PACER
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ELECTRONIC ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/4/2024. (CH)
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March 4, 2024
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March 4, 2024
PACER
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24
|
NOTICE of Certificate of Publication of Meadows AquaGrow, LLC, filed by Carlotte Meadows. (SG) (Entered: 03/07/2024)
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March 7, 2024
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March 7, 2024
PACER
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25
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NOTICE of Appearance by Thomas Lindeman on behalf of The City of New York (aty to be noticed) (Lindeman, Thomas) (Entered: 03/07/2024)
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March 7, 2024
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March 7, 2024
PACER
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26
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MOTION for Extension of Time to File Answer re 2 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym, 1 Complaint, On Consent by The City of New York. (Lindeman, Thomas) (Entered: 03/11/2024)
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March 11, 2024
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March 11, 2024
PACER
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27
|
NOTICE of Appearance by Mark Galen Toews on behalf of All Defendants (aty to be noticed) (Toews, Mark) (Entered: 03/15/2024)
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March 15, 2024
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March 15, 2024
PACER
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28
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NOTICE of Appearance by Cindy Arlana Singh on behalf of All Defendants (aty to be noticed) (Singh, Cindy) (Entered: 03/15/2024)
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March 15, 2024
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March 15, 2024
PACER
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Order on Motion for Extension of Time to Answer AND ~Util - Set Motion and R&R Deadlines/Hearings
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March 18, 2024
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March 18, 2024
PACER
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ELECTRONIC ORDER granting 26 : Defendant shall answer or otherwise respond to the Complaint by 04/15/2024. By that same date, defendant shall respond to plaintiffs' motions to proceed under pseudonym (ECF Nos. 2 and 5 ). Plaintiffs may file a reply in support of their motions by 04/22/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/18/2024. (DB)
|
March 18, 2024
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March 18, 2024
PACER
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29
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SCHEDULING ORDER: An Initial Conference is set for 4/29/2024 @ 10:15 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:15 AM. Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/20/2024. (DC) (Entered: 03/20/2024)
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March 20, 2024
|
March 20, 2024
PACER
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30
|
Letter Regarding Related Case Motion in L.B. v. City of New York et al., No. 23cv8501 by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (Soloway, Audra) (Entered: 03/22/2024)
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March 22, 2024
|
March 22, 2024
PACER
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Status Report Order
|
March 27, 2024
|
March 27, 2024
PACER
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ELECTRONIC ORDER re 30 : Plaintiffs in this action filed a letter in another action seeking to designate the two cases as related and reassign this action to Judge Kovner, who is presiding over the other action. See 1:23-cv-8501-RPK-JRC, ECF No. 33. By 04/09/2024, the defendant in this action shall file a letter on this docket, not to exceed three pages, responding to plaintiffs request. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/27/2024. (DB)
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March 27, 2024
|
March 27, 2024
PACER
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31
|
MOTION to Withdraw as Attorney Sera Idoko by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Idoko, Sera) (Entered: 03/29/2024)
|
March 29, 2024
|
March 29, 2024
PACER
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|
Order on Motion to Withdraw as Attorney
|
April 5, 2024
|
April 5, 2024
PACER
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ELECTRONIC ORDER granting 31 Motion to Withdraw as Attorney. Attorney Sera Idoko terminated. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/5/2024. (DB)
|
April 5, 2024
|
April 5, 2024
PACER
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32
|
Letter regarding Plaintiff's related case motion by The City of New York (Lindeman, Thomas) (Entered: 04/09/2024)
|
April 9, 2024
|
April 9, 2024
PACER
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33
|
MOTION for Extension of Time to File Answer, to Respond to Pseudonym Motions, and Adjourn Initial Conference by The City of New York. (Singh, Cindy) (Entered: 04/11/2024)
|
April 11, 2024
|
April 11, 2024
PACER
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1 - Terminate Hearings AND Order(Other)
|
April 18, 2024
|
April 18, 2024
PACER
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ELECTRONIC ORDER re 33 : In light of the case being reassigned, the initial conference previously scheduled for 4/29/2024 before Magistrate Judge Cheryl Pollak has been adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/18/2024. (DC)
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April 18, 2024
|
April 18, 2024
PACER
|
|
ORDER REASSIGNING CASE. Case reassigned to Judge Rachel P. Kovner and Magistrate Judge James R. Cho (as related to 23-cv-8501) for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 4/19/2024. (KD)
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April 18, 2024
|
April 18, 2024
PACER
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|
Order Reassigning Case
|
April 19, 2024
|
April 19, 2024
PACER
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Order on Motion for Extension of Time to Answer
|
April 19, 2024
|
April 19, 2024
PACER
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|
ORDER granting 33 Motion for Extension of Time to Answer and Respond to Pseudonym Motions. Defendant The City of New York shall answer, move or otherwise respond to the complaint by 5/15/2024. Any party wishing to file a dispositive motion should consult District Judge Rachel P. Kovner's Individual Rules. The deadline to respond to the Pseudonym Motions is extended to 5/15/2024. The request to adjourn the initial conference previously scheduled before Magistrate Judge Cheryl L. Pollak is moot. Ordered by Magistrate Judge James R. Cho on 4/19/2024. (SGC)
|
April 19, 2024
|
April 19, 2024
PACER
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34
|
ANSWER to Complaint by All Defendants. (Singh, Cindy) (Entered: 05/15/2024)
|
May 15, 2024
|
May 15, 2024
RECAP
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35
|
RESPONSE to Motion re 5 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym, 2 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym filed by All Defendants. (Singh, Cindy) (Entered: 05/15/2024)
|
May 15, 2024
|
May 15, 2024
PACER
|
|
Order(Other)
|
May 31, 2024
|
May 31, 2024
PACER
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ORDER: The parties shall respond to Carolette Meadows's 23 motion to intervene by 6/21/2024. Meadows may file a reply, if any, by 6/28/2024. Ordered by Judge Rachel P. Kovner on 5/31/2024. (NNW)
|
May 31, 2024
|
May 31, 2024
PACER
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36
|
RESPONSE in Opposition re 23 MOTION to Intervene and enjoin case, filed filed by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Shalleck-Klein, David) (Entered: 06/21/2024)
|
June 21, 2024
|
June 21, 2024
PACER
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37
|
Letter Regarding Carolette Meadows' motion to intervene by The City of New York (Lindeman, Thomas) (Entered: 06/21/2024)
|
June 21, 2024
|
June 21, 2024
PACER
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38
|
CERTIFICATE OF SERVICE by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington re 36 Response in Opposition to Motion, (Negless, Daniel) (Entered: 06/21/2024)
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June 21, 2024
|
June 21, 2024
PACER
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39
|
SCHEDULING ORDER: An in person initial conference will be held on 7/31/2024 at 12:00 p.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel is directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 7/29/2024. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 6/25/2024. (SGC) (Entered: 06/25/2024)
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June 25, 2024
|
June 25, 2024
PACER
|
|
Scheduling Order
|
July 3, 2024
|
July 3, 2024
PACER
|
|
RE-SCHEDULING ORDER: The in person initial conference previously scheduled for 7/31/2024 is adjourned to 8/5/2024 at 12:00 p.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. Counsel is directed to complete the Proposed Scheduling Order (Attached to Dkt. 39 ) and electronically file same with the Court no later than 8/1/2024. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 7/3/2024. (SGC)
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July 3, 2024
|
July 3, 2024
PACER
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40
|
NOTICE of Change of Firm for Anna Arons Once the filing has been made, you must login to www.pacer.gov and update your account. (Arons, Anna) (Entered: 07/05/2024)
|
July 5, 2024
|
July 5, 2024
PACER
|
41
|
NOTICE of Change of Firm Family Justice Law Center Once the filing has been made, you must login to www.pacer.gov and update your account. (Shalleck-Klein, David) (Entered: 07/05/2024)
|
July 5, 2024
|
July 5, 2024
PACER
|
42
|
NOTICE of Appearance by Y-Tze Patrick Lim on behalf of Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (aty to be noticed) (Lim, Y-Tze Patrick) (Entered: 07/24/2024)
|
July 24, 2024
|
July 24, 2024
PACER
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43
|
Letter to Confirm In-Person Initial Conference Date and Time by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (Negless, Daniel) (Entered: 07/24/2024)
|
July 24, 2024
|
July 24, 2024
PACER
|
44
|
Proposed Scheduling Order (Joint Proposed Scheduling Order) by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (Soloway, Audra) (Entered: 08/01/2024)
|
Aug. 1, 2024
|
Aug. 1, 2024
PACER
|
|
Initial Conference Hearing
|
Aug. 5, 2024
|
Aug. 5, 2024
PACER
|
|
Minute Entry for Initial Conference proceedings held on 8/5/2024 before Magistrate Judge James R. Cho. Appearances by Daniel Negless, Eliza J. McDuffie, and Katherine Ruth Rosenfeld for plaintiffs; Mark Galen Toews, Thomas Lindeman, and Cindy Arlana Singh for defendant. Case discussed. Plaintiffs brought this putative class action against New York City's Administration for Children's Services ("ACS") alleging constitutional violations in connection with the investigative practices of ACS. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 9/9/2024; no amendment of the pleadings or joinder of additional parties permitted after 4/30/2025 without good cause; and parties to complete fact discovery by 5/30/2025. The Court defers setting an expert discovery schedule at this time. By 11/5/2024, parties shall file a joint status report and advise the Court whether they would like a referral to the Court-annexed mediation program or a settlement conference at that time. (FTR 12:03-12:15.) (JDP)
|
Aug. 5, 2024
|
Aug. 5, 2024
PACER
|
45
|
TRANSCRIPT of Proceedings held on August 5, 2024, before Judge Cho. Court Reporter/Transcriber Abba Reporting. Email address: abbareporting@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/9/2024. Redacted Transcript Deadline set for 9/19/2024. Release of Transcript Restriction set for 11/18/2024. (LH) (Entered: 08/19/2024)
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Aug. 19, 2024
|
Aug. 19, 2024
PACER
|
46
|
MEMORANDUM AND ORDER: For the reasons set forth in the attached Memorandum and Order, the motion to intervene or for joinder at 23 is denied. The Clerk of Court is respectfully directed to mail the pro se movant a copy of the Memorandum and Order. Ordered by Judge Rachel P. Kovner on 8/22/2024. (NNW)
|
Aug. 22, 2024
|
Aug. 22, 2024
RECAP
|
47
|
STIPULATION to Amend Case Caption by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington (Selver, Max) (Entered: 08/29/2024)
|
Aug. 29, 2024
|
Aug. 29, 2024
PACER
|
48
|
MOTION to Amend/Correct/Supplement ([Proposed] So Ordered Stipulation to Amend Caption) by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Soloway, Audra) (Entered: 08/30/2024)
|
Aug. 30, 2024
|
Aug. 30, 2024
PACER
|
49
|
Letter MOTION for Protective Order /Joint [Proposed] Confidentiality Order by Marianna Azar, Shalonda Curtis-Hackett, Jane Doe 1, Jane Doe 2, Mathew Eng, Ebony Gould, Christopher Hackett, Curtayasia Taylor, Shavona Warmington. (Attachments: # 1 Exhibit 1- Joint [Proposed] Confidentiality Order, # 2 Exhibit 2- Redline Against Default Protective Order) (Soloway, Audra) (Entered: 08/30/2024)
|
Aug. 30, 2024
|
Aug. 30, 2024
PACER
|
|
Order on Motion for Leave to File
|
Sept. 6, 2024
|
Sept. 6, 2024
PACER
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ORDER granting 2 MOTION for Leave to File Document / Leave to Proceed under a Pseudonym by Jane Doe 1.Doe 1 brings this action along with eight other named plaintiffs and on behalf of those similarly situated against the New York City's Administration for Children's Services ("ACS"), alleging that "ACS has a widespread custom, policy, and practice of entering and searching families' homes by using coercive tactics... to make parents feel that they have no choice but to allow caseworkers to enter and search their homes." Compl. para. 7, Dkt. 1. Plaintiff Doe 1 has filed an unopposed motion, Dkt. 2, seeking leave to proceed under a pseudonym. The Court grants Doe 1's motion for the reasons set forth below.A district court, after balancing "the public interest in disclosure and any prejudice to the defendant," has the discretion to permit a plaintiff to proceed under a pseudonym if "the plaintiff's need for anonymity" outweighs the "countervailing interests in full disclosure." Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189-90 (2d Cir. 2008) (setting forth a multi-factor test for assessing a plaintiff's ability to proceed under a pseudonym). Here, a majority of the factors set forth in Sealed Plaintiff weigh in favor of granting Doe 1's motion to proceed under a pseudonym.First, this case "involves matters that are highly sensitive and [of a] personal nature," id. at 190 (alteration in original), including intimate partner violence and allegations of child maltreatment. See R.F.M. v. Nielsen, 365 F. Supp. 3d 350, 371 (S.D.N.Y. 2019) ("[F]acts supporting... findings of abuse, neglect, and abandonment are highly sensitive."); Doe v. Strategic P'Ships, Inc., No. 19-CV-695, 2019 WL 13253839, at *1-*3 (W.D. Tex. July 30, 2019) (allowing plaintiff to proceed under a pseudonym where the "complaint contain[ed] facts related to [plaintiff's] status as a survivor of intimate partner violence and details her ex-partner's pattern of stalking and harassment"). Second, "identification poses a risk of retaliatory... mental harm," Sealed Plaintiff, 537 F.3d at 190, because Doe 1 fears that revealing her identity would subject her to retaliatory harassment from her ex-partner. See Doe v. Smith, 105 F. Supp. 2d 40, 45 (E.D.N.Y. 1999) ("[C]ourts have allowed plaintiffs to proceed anonymously where disclosure of their identities created a risk of harm from third parties unaffiliated with the case."). Doe 1 alleges that she has already been repeatedly subjected to harassment by her former partner and that he was the one who made false reports about her to ACS. See Doe 1's Mem. of Law at 1, Dkt. 3. Doe 1 fears that revealing her identity would subject her and her son to further harassment. Id. at 56. Third, requiring Doe 1 to reveal her identity would result in her not pursuing her claim and could chill future litigation by survivors of intimate partner violence. See id. at 78.Fourth, Doe 1's minor child is "particularly vulnerable to the possible harms of disclosure," Sealed Plaintiff, 537 F.3d at 190, and protecting Doe 1's anonymity is necessary to protect the anonymity of her son. See, e.g., Smith v. Edwards, 175 F.3d 99, 99 n.1 (2d Cir. 1999) (using pseudonyms for the plaintiff and his family to protect the identity of his minor child); P.M. v. Evans-Brant Cent. Sch. Dist., No. 08-CV-168A, 2008 WL 4379490, at *3 (W.D.N.Y. Sept. 22, 2008) (finding that "the protection afforded to the minor would be eviscerated unless the parent was also permitted to proceed using initials"). Fifth, "the suit is challenging the actions of the government" rather than "that of private parties." Sealed Plaintiff, 537 F.3d at 190; EW v. N.Y. Blood Ctr., 213 F.R.D. 108, 111 (E.D.N.Y. 2003) ("[W]here a plaintiff attacks governmental activity, for example a governmental policy or statute, the plaintiff's interest in proceeding anonymously is considered particularly strong."). Sixth, there is no risk of prejudice to the defendant because Doe 1 is willing to disclose her identity to the defendant. See Doe 1's Mem. of Law at 9, Dkt. 3.Seventh, Doe 1's identity has thus far remained confidential. See Sealed Plaintiff, 537 F.3d at 190. Further, there is a weaker public interest in knowing Doe 1's identity because this is a putative class action. See Sealed Plaintiff, 537 F.3d at 190; EW, 213 F.R.D. at 111 ("[I]n a class action context challenging governmental action, the individual defendant's personal characteristics (such as credibility) are generally not in issue."). And finally, there is no alternative means of preserving Doe 1's anonymity. See Sealed Plaintiff, 537 F.3d at 190.In light of the numerous factors that support Doe 1's application, the Court grants Doe 1's motion to proceed under a pseudonym (Dkt. 2). Ordered by Judge James R. Cho on September 6, 2024. (THB) Modified on 9/8/2024 (JDP).
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Sept. 6, 2024
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Sept. 6, 2024
PACER
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50
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ORDER granting 49 Motion for Protective Order. Ordered by Magistrate Judge James R. Cho on 9/9/2024. (SGC) (Entered: 09/09/2024)
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Sept. 9, 2024
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Sept. 9, 2024
PACER
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51
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ORDER granting 48 Motion to Amend/Correct/Supplement. The docket will be updated to reflect the name of Jane Doe 2 is Zulima Lemus. Withdrawing 5 Motion for Leave to File. Ordered by Magistrate Judge James R. Cho on 9/12/2024. (SGC) (Entered: 09/12/2024)
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Sept. 12, 2024
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Sept. 12, 2024
PACER
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52
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STATUS REPORT (JOINT) by Ebony Gould, Curtayasia Taylor, Shavona Warmington, Shalonda Curtis-Hackett, Christopher Hackett, Marianna Azar, Mathew Eng, Jane Doe 1, Zulima Lemus (Soloway, Audra) (Entered: 11/05/2024)
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Nov. 5, 2024
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Nov. 5, 2024
PACER
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Status Report Order
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Nov. 6, 2024
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Nov. 6, 2024
PACER
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STATUS REPORT ORDER: Parties are directed to file a joint status report letter by 1/8/2025. Ordered by Magistrate Judge James R. Cho on 11/6/2024. (SGC)
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Nov. 6, 2024
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Nov. 6, 2024
PACER
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53
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STATUS REPORT (JOINT) by Ebony Gould, Curtayasia Taylor, Shavona Warmington, Shalonda Curtis-Hackett, Christopher Hackett, Marianna Azar, Mathew Eng, Jane Doe 1, Zulima Lemus (Soloway, Audra) (Entered: 01/08/2025)
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Jan. 8, 2025
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Jan. 8, 2025
RECAP
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Scheduling Order
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Jan. 15, 2025
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Jan. 15, 2025
PACER
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