Bostle v. Jabil, Inc. et al
| Andrew T. Bostle |
| Jabil, Inc., John Does 1-10 and Jane Does 1-10 |
| 2:2022cv00005 |
| January 24, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| David L Bunning |
| Candace J Smith |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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Filing 44
STIPULATION of Dismissal by Jabil, Inc.. (Martin, Ryan)
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***FILE SUBMITTED TO CHAMBERS of David L. Bunning for review: #44 Stipulation of Dismissal. (SLG)
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Conflict Check run. (TJZ)
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Filing 42
GENERAL ORDER 23-16 REASSIGNING CASE. Case reassigned to Judge David L. Bunning for all further proceedings. Judge William O. Bertelsman no longer assigned to case. Signed by Chief Judge Danny C. Reeves on 8/25/2023.(TJZ)cc: COR
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Filing 41
ORDER: that the parties shall file an agreed order of dismissal on or before September 29, 2023. Signed by Judge William O. Bertelsman on 7/28/2023.(ECO)cc: COR
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***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #40 Joint Status Report (ECO)
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Filing 40
JOINT STATUS REPORT by Jabil, Inc.. (Martin, Ryan)
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Filing 39
MINUTE ENTRY ORDER FOR TELEPHONIC STATUS CONFERENCE held on 03/24/2023 before Magistrate Judge Candace J. Smith: Case called for telephonic Status Conference to follow up on the Joint Status Report filed by the parties (R. #37 ). The parties report that they continue to work through written discovery and have not yet started taking depositions. At this point, neither side anticipates using an expert witness and believes that discovery can be completed by the deadline. As for counsel's representation regarding ADR stated in their Joint Status Report, the defense wishes to depose Plaintiff Bostle and is thereafter willing to participate in private mediation or a court-facilitated settlement conference. Counsel were instructed to contact Chambers once they reach the point of wanting to schedule a settlement conference or, if they decide to pursue private mediation, to file a status report alerting the Court to that and informing when their private mediation is scheduled for. (Tape #KYED-COV 2-22-cv-5-WOB-CJS 20230324 144853.) (ECO)cc: COR
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Filing 38
ORDER: that this matter is hereby scheduled for a telephonic Status Conference on Friday, March 24, 2023, at 3:00 p.m. EDT before the undersigned. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 877-873-8017. When prompted to enter the participant access code, enter 7604592 and #. Signed by Magistrate Judge Candace J. Smith on 22-5.(ECO)cc: COR
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Filing 37
JOINT STATUS REPORT by Jabil, Inc.. (Martin, Ryan)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #37 Joint Status Report (ECO)
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Filing 36
ORDER: that the Plaintiff's filing (R. #35 ) shall be stricken from the docket by the Clerk. Signed by Magistrate Judge Candace J. Smith on 12/6/2022.(ECO)cc: COR
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Filing 35
STRICKEN FROM THE DOCKET PER ORDER DE #36 (ECO).
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Filing 34
SCHEDULING ORDER: that the following deadlines and procedures for discovery and general pretrial proceedings are imposed in this case: (A) Deadline and Schedules: (1) Rule 26(a)(1) disclosures exchange by November 30, 2022Rule 26(a) disclosures are not to be filed with the Court. See Fed. R. Civ. P. 5(d).(2) Amended pleadings by consent or motion and/or motions to join parties by December 30, 2022.(3) Motions directed to the pleadings by January 30, 2023.(4) Claims of Privilege or Protection the parties' agreement set forth at 10 of their Rule 26(f) Report (R. #33 ) is hereby incorporated as if fully set out herein this Scheduling Order.(5) Status Report by March 15, 2023 (mid-discovery).(6) Rule 26(a)(2)(A) expert identity disclosure accompanied by either (a)(2)(B) reportor (a)(2)(C) summary disclosure from Plaintiff by March 30, 2023;from Defendant by May 19, 2023;Rebuttal by June 19, 2023.(7) Completion of all discovery by July 28, 2023(8) Status Report by July 28, 2023 (close of all discovery).(9) Dispositive motions by August 31, 2023.Although documents must now be filed electronically with the Court Clerk, a PAPER court courtesy copy shall be provided to JUDGE BERTELSMAN'S CHAMBERS within 48 hours of filing of a brief or memorandum in support of any motion, where the brief or memorandum (including exhibits) exceeds 10 pages.(10) Deadline extensions must be requested by joint or separate motion prior to expiration of the applicable deadline.(B) DISCOVERY DISPUTE PROCEDURETo facilitate the supervision of discovery, the parties shall utilize the following procedure to address discovery disputes: (1) Parties shall first confer directly and in good faith and attempt to resolve the discovery dispute between themselves, without judicial intervention;(2) If the parties are unable to resolve the dispute after conferring directly, they shall attempt to resolve their disagreement by calling the undersigned's Chambers to schedule an informal telephone conference; and(3) If, and only if, the parties are unable to resolve their discovery impasse after informal telephone conference with the Court, they may file appropriate written motions. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable. (Parties to see Order for Details). Signed by Magistrate Judge Candace J. Smith on 11/7/022.(ECO)cc: COR
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Filing 33
REPORT of Rule 26(f) Planning Meeting. (Martin, Ryan)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #33 Report of Rule 26(f) Planning Meeting (ECO)
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Filing 32
MEMORANDUM OPINION & ORDER: 1. Defendant's Motion to Partially Dismiss be, and is hereby, GRANTED; and 2. The parties shall confer no later than October 21, 2022, to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan. Such proposed plan shall be filed no later than October 28, 2022. Signed by Judge William O. Bertelsman on 10/6/2022.(ECO)cc: COR Modified bold text on 10/6/2022 (ECO).
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Filing 31
REPLY to #29 In Support of Defendant's Motion to Partially Dismiss Plaintiff's Complaint filed by Jabil, Inc.. (Martin, Ryan)
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***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #29 MOTION to Dismiss by Jabil, Inc. (ECO)
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Filing 30
RESPONSE to Motion re #29 MOTION to Dismiss by Jabil, Inc. filed by Andrew T. Bostle. (Lawrence, Brandy)
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Filing 29
MOTION to Dismiss by Jabil, Inc. . (Attachments: #1 Proposed Order)(Martin, Ryan) Modified text to take out referral language on 8/1/2022 (ECO).
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Filing 28
FRCP 7.1 DISCLOSURE STATEMENT by Jabil, Inc.. (Martin, Ryan)
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Filing 27
ANSWER to #1 Complaint, by Jabil, Inc..(Martin, Ryan)
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Filing 26
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Ryan Martin. #21 RESPONSE has been filed by Jabil, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO)
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NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Brandy Lawrence: It appears the address listed on your filing #25 Status Report is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (ECO)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #25 Status Report #24 Minute Entry Order (ECO)
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Filing 25
STATUS REPORT by Andrew T. Bostle. (Lawrence, Brandy)
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Filing 24
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 7/8/2022, before Magistrate Judge Candace J. Smith: IT IS ORDERED that Plaintiff shall file another Status Report or make a Notice Filing by Wednesday, July 13, 2022 providing further information on the efforts to complete service of process on Defendant Jabil, Inc., including attaching any return of service cards.(Tape #KYED-COV 2-22-cv-5-WOB-CJS 20220708 133258.) Signed by Candace J. Smith. (ECO)cc: COR
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Filing 23
NOTICE OF FILING by Andrew T. Bostle re #18 Order,, Set Deadlines/Hearings, (Attachments: #1 Attachment Return of Service, #2 Attachment Return of Service)(Lawrence, Brandy). Modified text on 7/11/2022 (ECO).
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Filing 22
ORDER: that this matter is hereby scheduled for a telephonic Status Conference on Friday, July 8, 2022, at 11:30 a.m. before the undersigned. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 7/5/2022.(ECO)cc: COR
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Filing 21
RESPONSE to #20 , #19 Plaintiff's Status Report which has been Amended filed by Jabil, Inc.. (Attachments: #1 Exhibit A - Email between Counsel)(Martin, Ryan)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #21 RESPONSE re: #20 Response to Plaintiff's Status Report #19 (ECO)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #20 RESPONSE to Plaintiff's Status Report #19 re #18 Order (ECO)
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Filing 20
RESPONSE to #19 (Plaintiff's Status Report) filed by Jabil, Inc.. (Martin, Ryan)
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Filing 19
STATUS REPORT by Andrew T. Bostle. (Keyser, Gregory)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #19 Status Report re #18 Order (ECO)
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Filing 18
ORDER: that within ten (10) days, the same being not later than July 1, 2022, Plaintiff shall file a status report or other appropriate filing updating on the status of service of process in this case. Signed by Magistrate Judge Candace J. Smith on 06/21/2022.(TDB)cc: COR
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Clerk's Note: Clerk advised counsel that only one summons can be issued for Defendant Jabil, Inc. Counsel advised Clerk to issue summons as to Jabil, Inc. c/o Statutory Agent CT Corporation re #16 Notice of Filing Summons. (ECO)
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Filing 17
Summons Issued as to Jabil, Inc. ; Summons issued and returned to counsel electronically for service by CT Corporation. (ECO)
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Filing 16
NOTICE OF FILING by Andrew T. Bostle Summons (Attachments: #1 Summons Jabil, Inc., #2 Summons Jacbil, Inc. statutory agent)(Lawrence, Brandy)
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Set/Reset Deadlines: Plaintiff electronically file summons for Jabil, Inc. by 5/13/2022; Plaintiff to complete service of process upon Defendant by 6/10/2022. (ECO)
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Filing 15
MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 5/6/2022 before Magistrate Judge Candace J. Smith: IT IS ORDERED that Plaintiff's oral motion for an extension of time to complete service of process on Defendant Jabil, Inc. is granted. On or before May 13, 2022, Plaintiff shall electronically file their summons for Jabil, Inc. to be issued by the Clerk of Court and returned to counsel for serving. Plaintiff to complete service of process upon Defendant by June 10, 2022. (Tape #KYED-COV 2-22-cv-5-WOB-CJS 20220506 102118.) Signed by Candace J. Smith. (ECO)cc: COR
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Filing 14
ORAL MOTION for Extension of Time to complete service of process on Defendant Jabil, Inc. by Andrew T. Bostle. Motions referred to Candace J. Smith. (ECO)
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Filing 13
ORDER: that this matter is hereby scheduled for a telephonic Status Conference on Friday, May 6, 2022, at 10:30 a.m. EDT before the undersigned. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 4/29/2022.(ECO)cc: COR
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NOTICE OF FEE REFUND APPROVED re 11 Order on Motion to Appear Pro Hac Vice,, Notice of Deficiency,, ; the fee transaction involving Receipt No. AKYEDC-5219643 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ $125.00 was successfully completed on Apr 01,2022 at 10:33:59 AM cc: COR (ECO)
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Filing 12
ORDER: that within fourteen (14) days, the same being not later than April 11, 2022, Plaintiff shall file a status report and/or other appropriate filing directed to the status of service of process in this case. Signed by Magistrate Judge Candace J. Smith on 3/28/2022.(ECO)cc: COR
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Filing 11
VIRTUAL ORDER: granting #6 Motion for F. Harrison Green to Appear Pro Hac Vice as co-counsel for Plaintiff Andrew T. Bostle, the requirements of Joint Local Civil Rule 83.2, after supplementation #10 , having been satisfied. Moreover, the Notice of Supplemental Filing #10 having been initially mistakenly filed by counsel as a second motion for admission pro hac vice, which filing error has now been corrected, the Clerk is directed to refund the duplicate application fee paid upon incorrectly filing a second motion for admission pro hac vice. Signed by Magistrate Judge Candace J. Smith on 3/28/2022. (ECO)cc: COR, FIN
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Filing 10
NOTICE OF SUPPLEMENTAL FILING by Andrew T. Bostle re #6 MOTION for F. Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( (Attachments: #1 Exhibit A-Indiana Certificate of Good Standing, #2 Exhibit B- Ohio Certifiate of Good Standing, #3 Exhibit C-Second Ohio Certificate of Good Standing)(ECO) (Filed per QC DE #9. Modified on 3/18/2022 (ECO).
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Filing 9
"INCORRECTLY FILED MOTION" for Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5219643)Motions referred to Candace J. Smith. (Attachments: #1 Attachment State of Indiana Certification, #2 Attachment State of Ohio Certificate of Good Standing, #3 Attachment Certificate of Good Standing Ohio)(Lawrence, Brandy) Modified text on 3/18/2022 (ECO). (See Docket Entry #10 for Correct Filing).
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"INCORRECTLY FILED NOTICE OF DEFICIENCY" TO Brandy Lawrence re #9 MOTION for Harrison Green to Appear Pro Hac Vice; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (ECO) Modified text on 3/18/2022 (ECO).
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"INCORRECLY FILED" BAR STATUS Check completed as to F. Harrison Green re #9 MOTION for Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5219643). (ECO) Modified on 3/18/2022 (ECO).
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Clerk's Note: Counsel for Plaintiff contacted Clerk's Office to advise that she incorrectly filed a #9 MOTION for Harrison Green to Appear Pro Hac Vice and that it should have been filed as a Notice of Supplemental Filing. Clerk added "Incorrectly Filed to DE #9 and refiled the Notice of Supplemental Filing at DE #10 ). (ECO)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #10 Notice of Supplemental Filing re #6 MOTION for F. Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5191768) (ECO)
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Filing 8
ORDER: the Motion to Appear Pro Hac Vice #6 is hereby taken under advisement, pending counsel filing a supplement providing the necessary additional information by March 18, 2022. Signed by Magistrate Judge Candace J. Smith on 03/08/2022. (SLG)cc: COR
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Filing 7
NOTICE OF FILING by Andrew T. Bostle re #5 Order,, Set Deadlines, (Attachments: #1 Exhibit Complaint Exhibits)(Lawrence, Brandy)
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #6 MOTION for F. Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5191768) (ECO)
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BAR STATUS Check completed as to F. Harrison Green re #6 MOTION for F. Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5191768). (ECO)
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Filing 6
MOTION for F. Harrison Green to Appear Pro Hac Vice by Andrew T. Bostle ( Filing fee $125; receipt number AKYEDC-5191768)Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A - Certificate of Good Standing Supreme Court of Ohio)(Lawrence, Brandy)
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Filing 5
ORDER: that within seven (7) days, the same being not later than February 17, 2022, Plaintiff shall file a Notice of Filing attaching the two Exhibits referred to in Plaintiff's Complaint. Signed by Magistrate Judge Candace J. Smith on 02/10/2022.(SLG)cc: COR
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Filing 4
NOTICE TO ATTORNEY F. Harrison Green by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. Mailed to F. Harrison Green. (SLG)
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings is required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 06/18/2010.(SLG)cc: COR
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Filing 1
COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $402; receipt number AKYEDC-5174698), filed by Andrew T. Bostle.(SLG) (Additional attachment(s) added on 2/22/2022: #1 Exhibit A-Charge of Discrimination, #2 Exhibit B-Dismissal and Notice of Rights) (ECO) (Added re: Order #5 ) Modified text on 2/22/2022 (ECO).
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Conflict Check run. (SLG)
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