Case: U.S. Equal Employment Opportunity Commission v. The New York Times Company

U.S. Equal Employment Opportunity Commission et al. v. The New York Times Company

U.S. Equal Employment Opportunity Commission et al. v. The New York Times Company

U.S. Equal Employment Opportunity Commission et al. v. The New York Times Company

U.S. Equal Employment Opportunity Commission et al. v. The New York Times Company

COMPLAINT against The New York Times Company. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 05/05/2026)

CIVIL COVER SHEET filed..(North, Benjamin) (Entered: 05/05/2026)

MOTION for Benjamin North to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice of Motion for Leave to Appear Pro Hac Vice, # 2 Exhibit Declaration of Benjamin North, # 3 Exhibit Certificate of Good Standing, # 4 Proposed Order Proposed Order on Motion for Leave to Appear Pro Hac Vice).(North, Benjamin) (Entered: 05/05/2026)

1 Exhibit Notice of Motion for Leave to Appear Pro Hac Vice

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2 Exhibit Declaration of Benjamin North

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3 Exhibit Certificate of Good Standing

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4 Proposed Order Proposed Order on Motion for Leave to Appear Pro Hac Vice

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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carl Ming Chang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice of Motion for Leave to Appear Pro Hac Vice, # 2 Exhibit Declaration of Carl Chang, # 3 Exhibit Certificate of Good Standing, # 4 Proposed Order Proposed Order on Motion for Leave to Appear Pro Hac Vice).(Chang, Carl) Modified on 5/5/2026 (rju). (Entered: 05/05/2026)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Notice Regarding Pro Hac Vice Motion

Notice Regarding Deficient Motion to Appear Pro Hac vice

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Benjamin North to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for Carl Ming Chang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The New York Times Company, re: 1 Complaint. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) Modified on 5/7/2026 (pc). (Entered: 05/06/2026)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Robyn F. Tarnofsky. Motions referred to Robyn F. Tarnofsky. (Signed by Judge Gregory H. Woods on 5/6/2026) (sgz) (Entered: 05/07/2026)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Benjamin North. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff); the County code has been modified to XX Out of State;. (jgo)

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Benjamin North. The party information for the following party/parties has been modified: U.S. Equal Employment Opportunity Commission; The New York Times Company. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designation

Case Designated ECF. (jgo)

Case Designated ECF

REQUEST FOR ISSUANCE OF SUMMONS as to The New York Times Company, re: 1 Complaint. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 05/07/2026)

ELECTRONIC SUMMONS ISSUED as to The New York Times Company..(pc) (Entered: 05/07/2026)

ORDER FOR ADMISSION PRO HAC VICE granting 3 Motion to Appear Pro Hac Vice. The motion of Benjamin North, for admission to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/8/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 05/08/2026)

MOTION for Carl Ming Chang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Notice of Motion for Leave to Appear Pro Hac Vice, # 2 Exhibit Declaration of Carl Chang, # 3 Exhibit Certificate of Good Standing, # 4 Proposed Order Proposed Order on Motion for Leave to Appear Pro Hac Vice).(Chang, Carl) (Entered: 05/12/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Carl Ming Chang to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER FOR ADMISSION PRO HAC VICE granting 10 Motion to Appear Pro Hac Vice. The motion of Carl Chang, for admission to practice Pro Hac Vice in the above captioned action is granted.. (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/13/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 05/13/2026)

WAIVER OF SERVICE RETURNED EXECUTED. The New York Times Company waiver sent on 5/11/2026, answer due 7/10/2026. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 05/14/2026)

NOTICE OF APPEARANCE by Daniel M. Vitagliano on behalf of Bryant Rousseau..(Vitagliano, Daniel) (Entered: 05/15/2026)

MOTION to Intervene as a Plaintiff. Document filed by Bryant Rousseau. (Attachments: # 1 Exhibit Proposed Complaint of Proposed Intervenor-Plaintiff Bryant Rousseau, # 2 Proposed Order Proposed Order Granting Motion).(Vitagliano, Daniel) (Entered: 05/15/2026)

1 Exhibit Proposed Complaint of Proposed Intervenor-Plaintiff Bryant Rousseau

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2 Proposed Order Proposed Order Granting Motion

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MEMORANDUM OF LAW in Support re: 14 MOTION to Intervene as a Plaintiff. . Document filed by Bryant Rousseau..(Vitagliano, Daniel) (Entered: 05/15/2026)

AFFIDAVIT OF SERVICE of Motion for Intervention and supporting documents served on New York Times Co. on May 18, 2026. Service was made by Mail. Document filed by Bryant Rousseau..(Vitagliano, Daniel) (Entered: 05/18/2026)

MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32879871. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bryant Rousseau. (Attachments: # 1 Affidavit Affidavit ISO Motion, # 2 Proposed Order Proposed Order Granting Motion, # 3 Exhibit Tennessee COG, # 4 Exhibit Virginia COG).(Norris, Cameron) (Entered: 05/21/2026)

ORDER FOR ADMISSION PRO HAC VICE granting 17 Motion for Cameron T. Norris to Appear Pro Hac Vice (Signed by Magistrate Judge Robyn F. Tarnofsky on 5/21/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 05/21/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Cameron T. Norris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32879871. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

NOTICE OF APPEARANCE by Evandro Cristiano Gigante on behalf of The New York Times Company..(Gigante, Evandro) (Entered: 05/22/2026)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(Gigante, Evandro) (Entered: 05/22/2026)

RESPONSE to Motion re: 14 MOTION to Intervene as a Plaintiff. . Document filed by The New York Times Company..(Gigante, Evandro) (Entered: 05/22/2026)

ORDER granting 14 Motion to Intervene. Accordingly, Rousseau's Motion to Intervene is GRANTED. The Clerk of Court is respectfully requested to terminate ECF 14. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/3/2026) (jca) (Entered: 06/03/2026)

ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/3/2026) (ar) (Entered: 06/03/2026)

JOINT LETTER addressed to Judge Gregory H. Woods from Counsel for All Parties dated June 5, 2026 re: Non-consent to conduct all further proceedings before the assigned Magistrate Judge. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 06/05/2026)

INTERVENOR COMPLAINT against The New York Times Company.Document filed by Bryant Rousseau..(Vitagliano, Daniel) (Entered: 06/08/2026)

LETTER MOTION for Extension of Time to File Answer re: 25 Intervenor Complaint addressed to Magistrate Judge Robyn F. Tarnofsky from Evandro C. Gigante dated June 9, 2026. Document filed by The New York Times Company..(Gigante, Evandro) (Entered: 06/09/2026)

ORDER granting 26 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendant's deadline to respond to Intervenor-Plaintiff's complaint is extended until July 10, 2026. The Clerk of Court is respectfully requested to terminate ECF 26. SO ORDERED. The New York Times Company answer due 7/10/2026 (Signed by Magistrate Judge Robyn F. Tarnofsky on 6/9/2026) (jca) (Entered: 06/09/2026)

ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against U.S. Equal Employment Opportunity Commission, Kalpana Kotagal, Andrea R. Lucas, Brittany Bull Panuccio. Document filed by The New York Times Company..(Boutrous, Theodore) (Entered: 07/10/2026)

REQUEST FOR ISSUANCE OF SUMMONS as to Kalpana Kotagal, re: 28 Answer to Complaint, Counterclaim. Document filed by The New York Times Company..(Boutrous, Theodore) (Entered: 07/10/2026)

REQUEST FOR ISSUANCE OF SUMMONS as to Andrea R. Lucas, re: 28 Answer to Complaint, Counterclaim. Document filed by The New York Times Company..(Boutrous, Theodore) (Entered: 07/10/2026)

REQUEST FOR ISSUANCE OF SUMMONS as to Brittany Bull Panuccio, re: 28 Answer to Complaint, Counterclaim. Document filed by The New York Times Company..(Boutrous, Theodore) (Entered: 07/10/2026)

NOTICE OF APPEARANCE by Katielynn Boyd Townsend on behalf of The New York Times Company..(Townsend, Katielynn) (Entered: 07/10/2026)

ANSWER to 25 Intervenor Complaint. Document filed by The New York Times Company..(Gigante, Evandro) (Entered: 07/10/2026)

MOTION for Atoyia S. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-33120194. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The New York Times Company. (Attachments: # 1 Exhibit Declaration of Atoyia S, Harris in Support, # 2 Exhibit A - Certificate of Good Standing - Alabama, # 3 Exhibit B - Certificate of Good Standing - Louisiana, # 4 Proposed Order (Proposed Order)).(Harris, Atoyia) (Entered: 07/10/2026)

INITIAL CASE MANAGEMENT CONFERENCE ORDER: Counsel for the parties are directed to call my conference line at the scheduled time by dialing (646) 453-4442, Access Code: 253 908 377#. SO ORDERED. Initial Conference set for 8/14/2026 at 10:30 AM before Magistrate Judge Robyn F. Tarnofsky. (Signed by Magistrate Judge Robyn F. Tarnofsky on 7/10/2026) (jca) (Entered: 07/10/2026)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Atoyia S. Harris to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-33120194. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ELECTRONIC SUMMONS ISSUED as to Andrea R. Lucas..(jgo) (Entered: 07/13/2026)

ELECTRONIC SUMMONS ISSUED as to Brittany Bull Panuccio..(jgo) (Entered: 07/13/2026)

ELECTRONIC SUMMONS ISSUED as to Kalpana Kotagal..(jgo) (Entered: 07/13/2026)

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See 11-mc-00003 Third Amended Standing Order). Please reference the Mandatory Discovery Protocols, attached, to be completed within 30 days, and the Mediation Program Procedures https://nysd.uscourts.gov/programs/mediation-adr. E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 7/29/2026. (Signed by Judge Laura Taylor Swain on 09/03/2025) (Shalov, Danielle) (Entered: 07/15/2026)

Notice of Mediator Assignment

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/14/2026.(sge)

ORDER ON MOTION FOR PRO HAC VICE ADMISSION OF ATOYIA S. HARRIS granting 34 Motion to Appear Pro Hac Vice The Motion of Atoyia S. Harris for admission to practice pro hac vice in the above-captioned action is granted.The Motion of Atoyia S. Harris for admission to practice Pro Hae Vice in the above captioned matter is granted. The Clerk of Court is respectfully requested to terminate ECF 34. SO ORDERED.. (Signed by Magistrate Judge Robyn F. Tarnofsky on 7/17/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 07/17/2026)

CERTIFICATE OF SERVICE of Summons and Answer to Complaint, Counterclaim served. Service was made by Certified Mail. Document filed by The New York Times Company..(Townsend, Katielynn) (Entered: 07/21/2026)

Mediation Conference Scheduled

FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 9/2/2026 at 09:30 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(sni)

MOTION to Strike Document No. 28 Affirmative Defenses. Document filed by U.S. Equal Employment Opportunity Commission. Responses due by 8/14/2026.(North, Benjamin) (Entered: 07/31/2026)

MEMORANDUM OF LAW in Support re: 42 MOTION to Strike Document No. 28 Affirmative Defenses. . Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 07/31/2026)

DECLARATION of Acting District Director Linda Sales-Long in Support re: 42 MOTION to Strike Document No. 28 Affirmative Defenses.. Document filed by U.S. Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A - Letter of Determination, # 2 Exhibit B - Conciliation Failure Letter).(North, Benjamin) (Entered: 07/31/2026)

LETTER MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Strike Document No. 28 Affirmative Defenses. addressed to Magistrate Judge Robyn F. Tarnofsky from Katie Townsend dated August 4, 2026. Document filed by The New York Times Company..(Townsend, Katielynn) (Entered: 08/04/2026)

ORDER:Pending before the Court is Defendant/Counterclaim Plaintiff The New York Times Company's (the "Times") letter motion for an extension of time to respond to Plaintiff/Counterclaim Defendant U.S. Equal Employment Opportunity Commission's (the "EEOC") motion to strike affirmative defenses (ECF 42), so that the Times can file a joint response to the EEOC and Counterclaim Defendants EEOC Chair Andrea R. Lucas, Commissioner Kalpana Kotagal and Commissioner Brittany Pull Panuccio's (together, the "EEOC Parties") forthcoming motion to dismiss the Times's counterclaims. (ECF 45.) The Times asserts that there is substantial overlap between the affirmative defenses and counterclaims and therefore argues that an extension would avoid duplicative briefing and will conserve judicial and party resources. The EEOC has indicated to the Times that it does not consent to the Timess extension request. The EEOC shall file any opposition to the Times's letter motion for an extension of time to respond to the EEOC's motion to strike by August 7, 2026. The EEOC Parties' deadline to respond to the Times's counterclaims is extended nunc pro tunc until August 10, 2026, pending further order of the Court. SO ORDERED. (Responses due by 8/10/2026) (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/5/2026) (jca) (Entered: 08/05/2026)

LETTER MOTION for Extension of Time to File and to Amend Order at ECF No. 46 addressed to Magistrate Judge Robyn F. Tarnofsky from Benjamin North dated August 5, 2026. Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 08/05/2026)

ORDER granting 47 Letter Motion for Extension of Time to File. Pending before the Court is the EEOC's application for an extension of time to respond to the Times's counterclaims (ECF 47). The application is GRANTED. As the EEOC correctly notes, the original deadline was September 18, 2026 and not August 4, 2026. The order at ECF 46 is withdrawn to the extent that it imposes an earlier deadline on the EEOC to respond to the Times's counterclaims. To be clear, the EEOC's deadline to respond to the Times's counterclaims is September 18, 2026. The EEOC's deadline to respond to the Times's letter-motion for an extension of time to respond to the motion to strike affirmative defenses is August 7, 2026. The Clerk of Court is respectfully requested to terminate ECF 47. SO ORDERED.. (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/6/2026) (jca) (Entered: 08/06/2026)

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robyn F. Tarnofsky from Benjamin North dated August 6, 2026 re: 45 LETTER MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Strike Document No. 28 Affirmative Defenses. addressed to Magistrate Judge Robyn F. Tarnofsky from Katie Townsend dated August 4, 2026. . Document filed by U.S. Equal Employment Opportunity Commission..(North, Benjamin) (Entered: 08/06/2026)

Set/Reset Deadlines: U.S. Equal Employment Opportunity Commission answer due 9/18/2026. Responses due by 8/7/2026 (jca)

ORDER granting in part 45 Letter Motion for Extension of Time to File Response/Reply. Accordingly, the Times' letter motion is GRANTED IN PART, in that the Times shall have until 14 days after the EEOC moves to dismiss the counterclaims to file a joint opposition to the motion to strike affirmative defenses (ECF 42) and the anticipated motion to dismiss counterclaims. The EEOC shall file a combined reply in further support of both motions within seven days of the filing of the Times' filing of its combined opposition. The Clerk of Court is respectfully requested to terminate ECF 45. (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/7/2026) (sgz) (Entered: 08/07/2026)

PROPOSED CASE MANAGEMENT PLAN. Document filed by The New York Times Company..(Gigante, Evandro) (Entered: 08/07/2026)

CASE MANAGEMENT PLAN AND REPORT OF RULE 26(f) CONFERENCE: have reviewed the parties' Proposed Case Management Plan and Report of Rule 26(f) Conference.The parties' Case Management Plan is SO ORDERED,with minor modifications to paragraph 7. The August 14, 2026 Initial Case Management Conference is canceled. The EEOC and Rousseau anticipate that this case will be ready for trial by June 15, 2027. The parties anticipate that the trial of this case will require 5 days.The parties request a jury trial. The parties disagree on which claims should be tried by a jury. The parties do not consent to Magistrate Judge jurisdiction at this time. Amended Pleadings due by 11/15/2026. Joinder of Parties due by 11/15/2026. Deposition due by 2/5/2027. Fact Discovery due by 2/19/2027. Ready for Trial by 11/15/2027. (And as further set forth herein.) (Signed by Magistrate Judge Robyn F. Tarnofsky on 8/10/2026) (jca) (Entered: 08/10/2026)

Dismiss

Memorandum of Law in Support of Motion

1 Exhibit 1 - Job Posting

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Status Report

Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply