1
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COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 464338. (sv) (Entered: 02/10/2003)
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Feb. 6, 2003
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Case Designation
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Feb. 6, 2003
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PACER
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Magistrate Judge Lisa M. Smith is so designated. (sv) (Entered: 02/10/2003)
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Feb. 6, 2003
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1
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COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 464338. (sv) (Entered: 02/10/2003)
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Feb. 6, 2003
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PACER
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Magistrate Judge Lisa M. Smith is so designated. (sv)
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Feb. 6, 2003
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PACER
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2
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NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes for Betsy R. Ginsberg to appear pro hac vice . Return Date March 28, 2003. (dcr) (Entered: 03/11/2003)
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March 5, 2003
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2
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NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes for Betsy R. Ginsberg to appear pro hac vice . Return Date March 28, 2003. (dcr) (Entered: 03/11/2003)
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March 5, 2003
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PACER
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3
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AFFIDAVIT of Betsy R. Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes in support of [2-1] motion for Betsy R. Ginsberg to appear pro hac vice. (dcr) (Entered: 03/11/2003)
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March 5, 2003
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4
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ORDER granting [2-1] motion for Betsy R. Ginsberg to appear pro hac vice . ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 03/12/2003)
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March 11, 2003
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3
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AFFIDAVIT of Betsy R. Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes in support of [2-1] motion for Betsy R. Ginsberg to appear pro hac vice. (dcr) (Entered: 03/11/2003)
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March 5, 2003
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PACER
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4
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ORDER granting [2-1] motion for Betsy R. Ginsberg to appear pro hac vice . ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 03/12/2003)
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March 11, 2003
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PACER
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5
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AMENDED COMPLAINT by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes (Answer due ) amending [1-1] complaint against Christopher Aldrich; Summons issued. (jma) (Entered: 04/24/2003)
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April 22, 2003
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6
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Memorandum to Docket Clerk: 4/25/03. Court Reporter: C. Arends-Dieck. Pre-trial Conference held & Concluded. All parties paresent. Civil Case Management Plan and Scheduling Order filed. Trial ready date set for Jan ,2 2004. Next Pre-trial conference is set for June 27th, 2003 @ 9:00am. See transcript. So Ordered. Charles L. Brieant. clkm/cpys.. (sv) (Entered: 04/28/2003)
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April 25, 2003
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5
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AMENDED COMPLAINT by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes (Answer due ) amending [1-1] complaint against Christopher Aldrich; Summons issued. (jma) (Entered: 04/24/2003)
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April 22, 2003
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PACER
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Case Management Conference
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April 25, 2003
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PACER
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PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (sv) (Entered: 04/28/2003)
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April 25, 2003
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|
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PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (sv)
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April 25, 2003
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PACER
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PRETRIAL CONFERENCE concluded before Judge Charles L. Brieant . (sv) (Entered: 04/28/2003)
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April 25, 2003
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|
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PRETRIAL CONFERENCE concluded before Judge Charles L. Brieant . (sv)
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April 25, 2003
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PACER
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PRETRIAL CONFERENCE set at 9:00 6/27/03 before Judge Charles L. Brieant . (sv) (Entered: 04/28/2003)
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April 25, 2003
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7
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CIVIL CASE DISCOVERY PLAN & SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 1/2/04; The case is not to be tried to a jury; Joinder of additional parties and Amended Pleadings by 6/15/03; Interrogs by 9/15/03; Depositions to be completed by 11/1/03; Any further interrogs, including expert by 10/15/03; Requests to admit by 10/15/03; All discovery to be complete by 12/1/03; Next Case Mgmnt Conference 6/27/03 at 9:00 a.m.; So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 04/28/2003)
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April 25, 2003
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|
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PRETRIAL CONFERENCE set at 9:00 6/27/03 before Judge Charles L. Brieant . (sv)
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April 25, 2003
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PACER
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Case Management Conference set at 9:00 6/27/03 (pf) (Entered: 04/28/2003)
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April 25, 2003
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|
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Pretrial Conference - Initial
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April 25, 2003
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PACER
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8
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NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich to certify class action . No Return Date 9:00. (pf) (Entered: 05/23/2003)
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May 21, 2003
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6
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Memorandum to Docket Clerk: 4/25/03. Court Reporter: C. Arends-Dieck. Pre-trial Conference held & Concluded. All parties paresent. Civil Case Management Plan and Scheduling Order filed. Trial ready date set for Jan,2 2004. Next Pre-trial conference is set for June 27th, 2003 @ 9:00am. See transcript. So Ordered. Charles L. Brieant. clkm/cpys.. (sv) (Entered: 04/28/2003)
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April 25, 2003
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PACER
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9
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MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support of [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)
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May 21, 2003
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7
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CIVIL CASE DISCOVERY PLAN & SCHEDULING ORDER: This Court requires that this case shall be ready for trial on or after 1/2/04; The case is not to be tried to a jury; Joinder of additional parties and Amended Pleadings by 6/15/03; Interrogs by 9/15/03; Depositions to be completed by 11/1/03; Any further interrogs, including expert by 10/15/03; Requests to admit by 10/15/03; All discovery to be complete by 12/1/03; Next Case Mgmnt Conference 6/27/03 at 9:00 a.m.; So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed by Clerk's Office (pf) (Entered: 04/28/2003)
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April 25, 2003
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PACER
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Case Management Conference set at 9:00 6/27/03 (pf)
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April 25, 2003
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PACER
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10
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DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)
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May 21, 2003
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8
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NOTICE OF MOTION by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich to certify class action . No Return Date 9:00. (pf) (Entered: 05/23/2003)
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May 21, 2003
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PACER
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11
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsbert, dated 05/29/03, re: Failure of the deft's to adhere to deadlines for filing their answer and discovery responses and to seek the Court's assistance with this matter, so that the case can proceed according to the Case Management Plan. (dcr) (Entered: 06/02/2003)
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May 30, 2003
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9
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MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support of [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)
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May 21, 2003
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PACER
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12
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated 5/29/03, re: failure of defendants deadline. (bls) (Entered: 06/04/2003)
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June 3, 2003
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10
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DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [8-1] motion to certify class action . (pf) (Entered: 05/23/2003)
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May 21, 2003
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PACER
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16
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ANSWER to Complaint by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post (Attorney Bruce A. Brown from the Firm: Eliot Spitzer, Attorney General) . (jma) Modified on 2/21/2006 (mde, ). (Entered: 06/12/2003)
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June 9, 2003
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13
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated June 5, 2003, re: request for an extension to serve their opposition to Plaintiffs' Motion for Class Certification. (sv) (Entered: 06/10/2003)
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June 10, 2003
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11
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsbert, dated 05/29/03, re: Failure of the deft's to adhere to deadlines for filing their answer and discovery responses and to seek the Court's assistance with this matter, so that the case can proceed according to the Case Management Plan. (dcr) (Entered: 06/02/2003)
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May 30, 2003
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PACER
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14
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Letter filed addressed to Judge Brieant from Bruce A. Brown, dated 06/05/03, re: Request that the briefing schedule be adjusted so that deft's opposition be due June 12th and plaintiffs' reply will be due June 23, 2003. (dcr) (Entered: 06/11/2003)
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June 10, 2003
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12
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Vincent Kimbro, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated 5/29/03, re: failure of defendants deadline. (bls) (Entered: 06/04/2003)
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June 3, 2003
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PACER
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15
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Letter filed by Carlos Rosario addressed to Dear Ms. Brown from Betsy Ginsberg, dated 06/05/03, re: I write to inform you that the Court has scheduled a discovery conference for Friday, June 13, 2003 at 9:30..... (jma) (Entered: 06/11/2003)
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June 11, 2003
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16
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ANSWER to Complaint by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post (Attorney Bruce A. Brown from the Firm: Eliot Spitzer, Attorney General) . (jma) Modified on 2/21/2006 (mde, ). (Entered: 06/12/2003)
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June 9, 2003
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PACER
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13
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Letter filed by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes addressed to Judge Brieant from Betsy Ginsberg, dated June 5, 2003, re: request for an extension to serve their opposition to Plaintiffs' Motion for Class Certification. (sv) (Entered: 06/10/2003)
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June 10, 2003
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PACER
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19
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NOTICE OF MOTION by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post to dismiss for failure to exhaust administrative remedies . Return Date 6/27/03 at 9:00. (dcr) (Entered: 06/17/2003)
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June 12, 2003
|
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14
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Letter filed addressed to Judge Brieant from Bruce A. Brown, dated 06/05/03, re: Request that the briefing schedule be adjusted so that deft's opposition be due June 12th and plaintiffs' reply will be due June 23, 2003. (dcr) (Entered: 06/11/2003)
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June 10, 2003
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PACER
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20
|
MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in support of [19-1] motion to dismiss for failure to exhaust administrative remedies. (dcr) (Entered: 06/17/2003)
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June 12, 2003
|
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18
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Letter filed addressed to USDJ Brieant from Betsy Ginsberg, dated 6/10/03, re: to inform the Court that the parties in the case have agreed that there is now no need for a discovery conference to resolve the issues that I raised in my May 29, 2003 letter to the COurt.... (pf) Modified on 06/16/2003 (Entered: 06/16/2003)
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June 13, 2003
|
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15
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Letter filed by Carlos Rosario addressed to Dear Ms. Brown from Betsy Ginsberg, dated 06/05/03, re: I write to inform you that the Court has scheduled a discovery conference for Friday, June 13, 2003 at 9:30..... (jma) (Entered: 06/11/2003)
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June 11, 2003
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PACER
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21
|
REPLY MEMORANDUM by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support re: [8-1] motion to certify class action . (pf) (Entered: 06/24/2003)
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June 23, 2003
|
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17
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Letter filed by Carlos Rosario addressed to Dear Judge Brieant from Betsy Ginsberg, dated 06/10/03, re: to inform the Court that the parties in the case have agreed that there is now no need for a discovery conference to resolve the issues that I raised in my May 29, 2003 letter to the Court...... (jma) (Entered: 06/12/2003)
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June 12, 2003
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PACER
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22
|
DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [21-1] reply memorandum . (pf) (Entered: 06/24/2003)
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June 23, 2003
|
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19
|
NOTICE OF MOTION by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post to dismiss for failure to exhaust administrative remedies . Return Date 6/27/03 at 9:00. (dcr) (Entered: 06/17/2003)
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June 12, 2003
|
PACER
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23
|
MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in opposition to [8-1] motion to certify class action. (dcr) (Entered: 06/26/2003)
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June 25, 2003
|
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20
|
MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in support of [19-1] motion to dismiss for failure to exhaust administrative remedies. (dcr) (Entered: 06/17/2003)
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June 12, 2003
|
PACER
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24
|
MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition to [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)
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June 25, 2003
|
|
18
|
Letter filed addressed to USDJ Brieant from Betsy Ginsberg, dated 6/10/03, re: to inform the Court that the parties in the case have agreed that there is now no need for a discovery conference to resolve the issues that I raised in my May 29, 2003 letter to the COurt.... (pf) Modified on 06/16/2003 (Entered: 06/16/2003)
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June 13, 2003
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PACER
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25
|
DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition Re: [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)
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June 25, 2003
|
|
21
|
REPLY MEMORANDUM by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support re: [8-1] motion to certify class action . (pf) (Entered: 06/24/2003)
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June 23, 2003
|
PACER
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26
|
Memorandum to Docket Clerk: 6/27/03-Court Reporter: Mary Staten. Conference held and concluded. Oral argument heard on (Doc #19) Motion to Dismiss and (Doc #8) for Class Certification. Motions are fully submitted, decision reserved. See transcript. ...submitted by Alice Cama (pf) (Entered: 06/30/2003)
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June 27, 2003
|
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22
|
DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in support Re: [21-1] reply memorandum . (pf) (Entered: 06/24/2003)
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June 23, 2003
|
PACER
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23
|
MEMORANDUM OF LAW by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post in opposition to [8-1] motion to certify class action. (dcr) (Entered: 06/26/2003)
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June 25, 2003
|
PACER
|
|
PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (pf) (Entered: 06/30/2003)
|
June 27, 2003
|
|
24
|
MEMORANDUM OF LAW by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition to [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)
|
June 25, 2003
|
PACER
|
27
|
Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 06/27/03. (jma) (Entered: 07/30/2003)
|
July 30, 2003
|
|
28
|
STIPULATION and PROTECTIVE ORDER: ... (see document for details)...No paper shall be filed under seal without the prior consultation with the Court...So Ordered: ( signed by Judge Charles L. Brieant ) COpies sent by Clerk's Office (pf) (Entered: 09/02/2003)
|
Aug. 26, 2003
|
|
25
|
DECLARATION of Betsy Ginsberg by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich in opposition Re: [19-1] motion to dismiss for failure to exhaust administrative remedies . (pf) (Entered: 06/27/2003)
|
June 25, 2003
|
PACER
|
29
|
ORDER granting [19-1] motion to dismiss for failure to exhaust administrative remedies, denying [8-1] motion to certify class action .Copies mailed by the clerk's office. The action is dismissed w/o prejudice and w/o costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at this time. The clerk shall file a final judgment. So Ordered: ( signed by Judge Charles L. Brieant ); (ll) (Entered: 09/25/2003)
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Sept. 24, 2003
|
|
|
Pretrial Conference - Initial
|
June 27, 2003
|
PACER
|
30
|
JUDGMENT ...ORDERED, ADJUDGED AND DECREED: That the complaint be and it is hereby dismissed without prejudice and without costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at the time. (signed by J.Michael McMahon); Mailed copies and notice of right to appeal. Entered On Docket: 09/26/03. (mov) (Entered: 09/26/2003)
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Sept. 25, 2003
|
|
26
|
Memorandum to Docket Clerk: 6/27/03-Court Reporter: Mary Staten. Conference held and concluded. Oral argument heard on (Doc #19) Motion to Dismiss and (Doc #8) for Class Certification. Motions are fully submitted, decision reserved. See transcript. ...submitted by Alice Cama (pf) (Entered: 06/30/2003)
|
June 27, 2003
|
PACER
|
|
Case closed. (mov) (Entered: 09/26/2003)
|
Sept. 25, 2003
|
|
|
PRETRIAL CONFERENCE held before Judge Charles L. Brieant . (pf)
|
June 27, 2003
|
PACER
|
31
|
NOTICE OF APPEAL by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich from [30-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Betsy R. Ginsberg, Bruce A. Brown, John A. Beck . Appeal record due on 11/21/03 *$105.00 fee paid, receipt #489430*. (pf) (Entered: 10/24/2003)
|
Oct. 22, 2003
|
|
27
|
Transcript of record of proceedings before Judge Charles L. Brieant for the date(s) of 06/27/03. (jma) (Entered: 07/30/2003)
|
July 30, 2003
|
PACER
|
28
|
STIPULATION and PROTECTIVE ORDER: ... (see document for details)...No paper shall be filed under seal without the prior consultation with the Court...So Ordered: ( signed by Judge Charles L. Brieant ) COpies sent by Clerk's Office (pf) (Entered: 09/02/2003)
|
Aug. 26, 2003
|
PACER
|
|
Notice of appeal and certified copy of docket to USCA: [31-1] appeal by Christopher Aldrich, Christopher Aldrich, Roderick Reyes, Gilbert Santiago, Vincent Rios, Donald Smith, Marshall Rosado, Roger Zydor, Worley Hall, Carlos Rosario ; Copy of notice of appeal sent to District Judge. (pf) (Entered: 10/24/2003)
|
Oct. 24, 2003
|
|
29
|
ORDER granting [19-1] motion to dismiss for failure to exhaust administrative remedies, denying [8-1] motion to certify class action .Copies mailed by the clerk's office. The action is dismissed w/o prejudice and w/o costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at this time. The clerk shall file a final judgment. So Ordered: ( signed by Judge Charles L. Brieant ); (ll) (Entered: 09/25/2003)
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Sept. 24, 2003
|
PACER
|
32
|
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [31] Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cg, ) (Entered: 04/13/2004)
|
April 6, 2004
|
|
|
Terminated Case
|
Sept. 25, 2003
|
PACER
|
|
Appeal Record Sent to USCA (File). Indexed record on Appeal Files for [31] Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, were transmitted to the U.S. Court of Appeals. (mde, ) (Entered: 07/22/2004)
|
July 22, 2004
|
|
30
|
JUDGMENT ...ORDERED, ADJUDGED AND DECREED: That the complaint be and it is hereby dismissed without prejudice and without costs for failure of exhaustion. No purpose will be served by deciding Plaintiff's motion for class certification at the time. (signed by J.Michael McMahon); Mailed copies and notice of right to appeal. Entered On Docket: 09/26/03. (mov) (Entered: 09/26/2003)
|
Sept. 25, 2003
|
PACER
|
33
|
LETTER addressed to Judge Brieant from Kimberly Ann Dasse dated 01/15/05 re: Request that the Court vacate its previous dismissal of the captioned case and restore the case to the Court's calendar upon the anticipated remand by the Second Circuit.... (dcr, ) (Entered: 01/26/2005)
|
Jan. 26, 2005
|
|
|
Case closed. (mov)
|
Sept. 25, 2003
|
PACER
|
34
|
MANDATE of USCA (Certified Copy) as to [31] Notice of Appeal, filed by Carlos Rosario,, Donald Smith,, Gilbert Santiago,, Roderick Reyes,, Worley Hall,, Roger Zydor,, Marshall Rosado,, Vincent Rios,, Christopher Aldrich, USCA Case Number 03-0289. Ordered, Adjudged and Decreed that the judgment of the District Court is Vacated and Remanded for further proceedings. Tracy W. Young, Clerk USCA. Issued As Mandate: 04/26/05. (dcr, ) (Entered: 05/04/2005)
|
May 4, 2005
|
|
31
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NOTICE OF APPEAL by Carlos Rosario, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes, Christopher Aldrich, Christopher Aldrich from [30-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Betsy R. Ginsberg, Bruce A. Brown, John A. Beck . Appeal record due on 11/21/03 *$105.00 fee paid, receipt #489430*. (pf) (Entered: 10/24/2003)
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Oct. 22, 2003
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PACER
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35
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LETTER addressed to Ms. Cama from Betsy Ginsberg dated 5/5/05 re: I write to confirm that a status conference in this action has been scheduled for 5/20/05 at 9:00 a.m. (ae, ) (Entered: 05/09/2005)
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May 6, 2005
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Notice of appeal and certified copy of docket to USCA: [31-1] appeal by Christopher Aldrich, Christopher Aldrich, Roderick Reyes, Gilbert Santiago, Vincent Rios, Donald Smith, Marshall Rosado, Roger Zydor, Worley Hall, Carlos Rosario ; Copy of notice of appeal sent to District Judge. (pf)
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Oct. 24, 2003
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PACER
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Set Deadlines/Hearings: Status Conference set for 5/20/2005 09:00 AM before Judge Charles L. Brieant. (ae, ) (Entered: 05/09/2005)
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May 6, 2005
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Transmission of Notice of Appeal and Docket Sheet to USCA
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Oct. 24, 2003
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PACER
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Minute Entry for proceedings held before Judge Charles L. Brieant : Status Conference held on 5/20/2005. The parties are to provide a Status Report due by 6/6/2005. (Court Reporter Christina) (ae, ) (Entered: 05/25/2005)
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May 20, 2005
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32
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Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 31 Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cg, ) (Entered: 04/13/2004)
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April 6, 2004
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PACER
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38
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LETTER addressed to Dear Judge Brieant from Betsy Ginsberg dated 6/7/2005 re: Deft's. in the their 6/7/2005 letter, persist in their efforts to delay these proceedings by trying to make the issue of class certification....... Document filed by Worley Hall.(jma, ) (Entered: 06/13/2005)
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June 7, 2005
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Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 31 Notice of Appeal, filed by Carlos Rosario, Donald Smith, Gilbert Santiago, Roderick Reyes, Worley Hall, Roger Zydor, Marshall Rosado, Vincent Rios, Christopher Aldrich USCA Case Number 03-289, were transmitted to the U.S. Court of Appeals. (mde, )
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July 22, 2004
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PACER
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36
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LETTER addressed to Dear Ms. Ginsberg from John M. Schwartz dated 6/8/2005 re: Judge Brieant's chambers has granted deft's. request that they be permitted to file additional material on the class........ Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post.(jma, ) (Entered: 06/13/2005)
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June 13, 2005
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Appeal Record Sent to USCA - File
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July 22, 2004
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PACER
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37
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LETTER addressed to Dear Judge Brieant from Betsy Ginsberg dated 6/8/2005 re: request that the Court's permission to respond to respond to deft's. papers on or before 7/6/2005....... Document filed by Carlos Rosario, Christopher Aldrich, Christopher Aldrich, Worley Hall, Roger Zydor, Marshall Rosado, Donald Smith, Vincent Rios, Gilbert Santiago, Roderick Reyes.(jma, ) (Entered: 06/13/2005)
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June 13, 2005
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39
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SUPPLEMENTAL MEMORANDUM OF LAW in Opposition to Class Certification. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (pl, ) (Entered: 06/24/2005)
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June 22, 2005
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33
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LETTER addressed to Judge Brieant from Kimberly Ann Dasse dated 01/15/05 re: Request that the Court vacate its previous dismissal of the captioned case and restore the case to the Court's calendar upon the anticipated remand by the Second Circuit.... (dcr, ) (Entered: 01/26/2005)
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Jan. 26, 2005
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PACER
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40
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DECLARATION of Lester N. Wright, M.D. in Opposition re: [8] Motion to Certify Class. Document filed by Glenn S. Goord, Frank Headly, Stephen Bernardi, Donna Masterson, Lester Wright, William Massuca, Kenneth S. Perlman, Edward Donnelly, Jimmy Harris, Jim Mance, Helen Dean, Anne Cole, Joan Rosado, Susan Post. (ae, ) (Entered: 06/27/2005)
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June 22, 2005
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34
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MANDATE of USCA (Certified Copy) as to 31 Notice of Appeal, filed by Carlos Rosario,, Donald Smith,, Gilbert Santiago,, Roderick Reyes,, Worley Hall,, Roger Zydor,, Marshall Rosado,, Vincent Rios,, Christopher Aldrich, USCA Case Number 03-0289. Ordered, Adjudged and Decreed that the judgment of the District Court is Vacated and Remanded for further proceedings. Tracy W. Young, Clerk USCA. Issued As Mandate: 04/26/05. (dcr, ) (Entered: 05/04/2005)
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May 4, 2005
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PACER
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