Crabbe v. Nakayama et al
| Gail Lynn Crabbe |
| Lawrence K.W. Tseu, Walton Shim, Russell J. Lau, Barbara Kim Stanton, Darlene Nakayama, Beverly C. Ament, Douglas C. Smith, Blossom Y. Tyau, Dick I. Oshima, J.P. Schmidt, Peter Backus, Gladys K. Lee, Eric K. Watanabe, Gordon S.K. Au, Palolo Chinese Home, Francis H. Goo, Roger K.S. Liu, Christy Zeng Lei, Patricia A. Boeckmann, Dana Takushi, Patricia L. Blanchette, Peter C.K. Fong, Reginald K.T. Yee, Jackson Nakasone, Andrew Moats, Lester K.M. Leu and Anthony J.H. Ching |
| 1:2018cv00418 |
| October 30, 2018 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| DERRICK K WATSON |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.
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Filing 51
STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES AND ORDER by Gail Lynn Crabbe - Signed by JUDGE DERRICK K. WATSON on 7/10/2020. (emt, )
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| Filing 50 EP: FURTHER EARLY SETTLEMENT CONFERENCE held.Gail Lynn Crabbe present via telephone.The Court met with the parties. Settlement discussions held.No settlement reached at this time.Parties may contact Magistrate Judge Kenneth J. Mansfield's courtroom Manager, Bernie Aurio at (808) 541-1298, if they so wish further assistance in settlement with the Court. (KJM Chambers 9:50 - 10:50.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 49 NOTICE by Palolo Chinese Home NOTICE OF WITHDRAWAL OF EMILY R. MARR AS COUNSEL FOR DEFENDANT PALOLO CHINESE HOME Palolo Chinese Home. (Zorc, Eileen) |
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Filing 48
SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 1/8/2020. (emt, )
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Filing 47
EO: In light of the #46 Stipulation to Continue Trial and Pre-Trial Deadlines and Order issued by District Judge Derrick K. Watson, new dates are given as follows: Jury Selection/Trial is set for 12/14/2020 at 9:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 11/03/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 02/04/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 09/10/2020 at 10:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 07/15/2020. Discovery due by 10/16/2020. Court to issue a First Amended Rule 16 Scheduling Order. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)
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Filing 46
STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DEADLINES AND ORDER - Signed by JUDGE DERRICK K. WATSON on 1/2/2020. (jo)
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| Filing 45 EP: FURTHER EARLY SETTLEMENT CONFERENCE held.Counsel Gina May Szeto-Wong appearing on behalf of Plaintiff Gail Lynn Crabbe.Plaintiff Gail Lynn Crabbe and Lauren Kagihara, Representative for Defendant Palolo Chinese Home are present.The Court met with the parties. Settlement discussions held.No settlement reached at this time.Settlement discussions are ongoing.(KJM Chambers 10:00 - 11:40.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 44 NOTICE of Appearance by Eric A. Seitz on behalf of Gail Lynn Crabbe on behalf of Gail Lynn Crabbe. (Seitz, Eric) |
| Filing 43 EP: STATUS CONFERENCE held.Counsel Eric A. Seitz appearing on behalf of Plaintiff Gail Lynn Crabbe, whom is also present.Discussion held.Further Early Settlement Conference set for August 29, 2019 at 10:00 a.m. before KJM in Chambers of Magistrate Judge Kenneth J. Mansfield. Settlement Conference statements by August 22, 2019. (FTR-Ctrm C6 9:34 - 9:40.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 42 STATUS REPORT 2019-07-30 DEFENDANT PALOLO CHINESE HOME'S LETTER BRIEF (Letter addressed to Magistrate Judge Kenneth J. Mansfield from Eileen C. Zorc, Esq. and Emily R. Marr, Esq., dated July 30, 2019) by Palolo Chinese Home. (Zorc, Eileen) Modified on 7/31/2019 (emt, ). |
| Filing 41 AMENDED EO: At Defendant Palolo Chinese Homes request, a Telephonic Status Conference is set for 08/02/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties to file a short letter brief on CM/ECF no later than Tuesday, July 30, 2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 40 EO: At Defendant Palolo Chinese Homes request, a Telephonic Status Conference is set for 08/02/2019 at 9:30 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Parties to file a short letter brief on CM/ECF by noon tomorrow, July 26, 2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 39 EP: EARLY SETTLEMENT CONFERENCE held. Settlement discussions initiated telephonically. No settlement reached. Further settlement discussions on call. (KJM Chambers 9:00 - 9:25 / 9:40 - 9:50.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 38 REPORT of Planning Meeting DEFENDANTS REPORT OF PARTIES PLANNING MEETING. (Zorc, Eileen) |
| Filing 37 CERTIFICATE OF SERVICE by Palolo Chinese Home [RE: DEFENDANT PALOLO CHINESE HOMES INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(1)] (Zorc, Eileen) |
| Filing 36 CERTIFICATE OF SERVICE by Palolo Chinese Home (RE: DEFENDANT PALOLO CHINESE HOME'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF GAIL LYNN CRABBE) (Marr, Emily) |
| Filing 35 CERTIFICATE OF SERVICE by Palolo Chinese Home (RE: DEFENDANT PALOLO CHINESE HOME'S FIRST REQUEST FOR ANSWERS TO INTERROGATORIES TO PLAINTIFF GAIL LYNN CRABBE) (Marr, Emily) |
| Filing 34 ANSWER to #18 Amended Complaint, DEFENDANT PALOLO CHINESE HOMES ANSWER TO SECOND AMENDED COMPLAINT [DOC 18] FILED FEBRUARY 8, 2019 by Palolo Chinese Home.(Zorc, Eileen) |
| Filing 33 Letter Re: "Obstacles hindering my continuing representing myself" submitted by Plaintiff Gail Crabbe, dated May 14, 2019. (emt, ) |
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Filing 32
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/14/2019. (emt, )COURT'S CERTIFICATE of Service - Gail Lynn Crabbe served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 14, 2019. Registered Participants of CM/ECF received this order electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 31 EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order.Court confirms with Plaintiff on her request for Jury Trial or Bench Trial. Plaintiff confirms that she requests for a Jury Trial. Jury Selection/Trial is set for 05/26/2020 at 9:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 04/14/2020 at 9:45 a.m. in Courtroom 6 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Early Settlement Conference is set for 07/15/2019 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 02/26/2020 at 10:30 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 12/26/2019. Discovery due by 03/27/2020. (FTR-Ctrm C6 9:30 - 9:39.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 30 NOTICE of Appearance by Emily Richardson Marr on behalf of Palolo Chinese Home on behalf of Palolo Chinese Home. (Marr, Emily) |
| Filing 29 NOTICE of Appearance [Notice of Withdrawal of Darin R. Leong and Notice of Appearance of Eileen C. Zorc as Counsel for Defendant Palolo Chinese Home] by Eileen C. Zorc on behalf of Palolo Chinese Home on behalf of Palolo Chinese Home. (Zorc, Eileen) Modified on 5/15/2019 (emt, ). |
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Filing 28
ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL re #24 - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/8/2019. (emt, )COURT'S CERTIFICATE of Service - Gail Lynn Crabbe shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on May 9, 2019. Registered Participants of CM/ECF received this document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
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| Filing 27 CERTIFICATE OF SERVICE by Palolo Chinese Home [AMENDED CERTIFICATE OF SERVICE [RE: DEFENDANT PALOLO CHINESE HOME'S SCHEDULING CONFERENCE STATEMENT, FILED MAY 7, 2019 (ECF NO. 26)]] (Leong, Darin) |
| Filing 26 Scheduling Conference Statement [DEFENDANT PALOLO CHINESE HOME'S SCHEDULING CONFERENCE STATEMENT]. (Leong, Darin) |
| Filing 25 NOTICE of Change of Address - by Gail Lynn Crabbe. (emt, ) |
| Filing 24 MOTION for Appointment of Counsel - by Plaintiff Gail Lynn Crabbe. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (redacted), #3 Exhibit 3, #4 Exhibit 2 (unredacted)) (emt, ) |
| Filing 23 EO: To allow sufficient time for service by the U.S. Marshal Service and for Defendant to answer, the Rule 16 Scheduling Conference previously set for 04/11/2019 IS CONTINUED TO 05/14/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference Statement are due by 05/07/2019. Plaintiff Gail Crabbe has been notified. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 22 Letter addressed to Plaintiff Gail Lynn Crabbe re #20 ORDER DISMISSING CERTAIN CLAIMS AND DIRECTING SERVICE OF THE SECOND AMENDED COMPLAINT, dated February 25, 2019. (emt, ) |
| Filing 21 Summons Issued as to Palolo Chinese Home. (emt, ) |
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Filing 20
ORDER DISMISSING CERTAIN CLAIMS AND DIRECTING SERVICE OF THE SECOND AMENDED COMPLAINT re #18 - Signed by JUDGE DERRICK K. WATSON on 2/25/2019. The Second Amended Complaint, Dkt. No. 18, is DISMISSED WITHOUT LEAVE TO AMEND with respect to Crabbe's claim under the anti-retaliation provision of the FMLA and any retaliation claim under Title VII and/or the ADA that can arguably be construed in the SAC. In all other respects, to the extent set forth herein, this case may proceed with service of the defendant Palolo Chinese Home. Service shall take place in accordance with the terms of this Order. (emt, )
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| COURT'S CERTIFICATE of Service - a copy of the #20 ORDER DISMISSING CERTAIN CLAIMS AND DIRECTING SERVICE OF THE SECOND AMENDED COMPLAINT has been served by First Class Mail to Gail Lynn Crabbe at the address of record on February 25, 2019 and to the U.S. Marshal Service through interoffice delivery. The following documents were included in the mailing to Ms. Crabbe: (1) #18 Second Amended Complaint,(2) #21 Summons Issued, (3) a USM-285 form, (4) a Notice of Lawsuit and Request Waiver of Service of Summons form (AO 398) and two Waiver of Service of Summons forms (AO 399) and an instructions sheet (Notice to Parties Pursuant to Rule 4 of the Federal Rules of Civil Procedure). Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
| Filing 19 EO: In light of the #17 Order allowing Plaintiff to file a second amended complaint by February 8, 2019, the Rule 16 Scheduling Conference previously set for 02/25/2019 IS CONTINUED TO 04/11/2019 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling conference statements are due by 04/04/2019. Plaintiff Gail Lynn Crabbe notified via telephone. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 18 SECOND AMENDED COMPLAINT against Palolo Chinese Home - filed by Gail Lynn Crabbe. (Order (1) amended FMLA complaint, (2) Title VII complaint, (3) ADA complaint) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (emt, ) |
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Filing 17
ORDER (1) DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND; (2) DENYING MOTION TO RECONSIDER APPOINTMENT OF COUNSEL; AND (3) GRANTING MOTION TO CONSIDER ATTACHED EXHIBIT re #11 , #12 , #13 - Signed by JUDGE DERRICK K. WATSON on 1/28/2019. The First Amended Complaint, Dkt. No. 12, is DISMISSED WITH PREJUDICE with respect to all claims against Darlene Nakayama. The First Amended Complaint, Dkt. No. 12, is DISMISSED WITHOUT PREJUDICE with respect to the claims alleged against Palolo Chinese Home. The motion to reconsider appointment of counsel, Dkt. No. 11, is DENIED. The motion to consider attached exhibit, Dkt. No. 13, is GRANTED. Crabbe may have until February 8, 2019 to file a second amended complaint to the extent allowed herein. The Court cautions Crabbe that failure to file a second amended complaint by February 8, 2019 may result in the automatic dismissal of this action without prejudice. (emt, )COURT'S CERTIFICATE of Service - Gail Lynn Crabbe shall be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 9, 2019.
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| COURT'S CERTIFICATE of Service - a copy of 16 EO continuing the Rule 16 to 02/25/2018 has been served by First Class Mail to the address of record for Plaintiff on 12/28/2018. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). The Court also called Plaintiff by telephone to notify her of the continuance. (mansfield1) |
| Filing 16 EO: To allow sufficient time for Plaintiff to serve Defendants the #12 Amended Complaint filed 12/17/2018, and for Defendants to respond to the Amended Complaint, the Court CONTINUES the Rule 16 Scheduling Conference set for 09:30AM on 12/31/2018 TO 9:30AM on 02/25/2019 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Scheduling Conference statements are due no later than 02/18/2019. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield1)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| COURT'S CERTIFICATE OF SERVICE - a copy of the 15 EO granting #14 , was served by First Class Mail to Plaintiff at her address of record on 12/18/2018. (mansfield2) |
| Filing 15 EO: On December 17, 2018, Plaintiff filed a "Motion to Seal Document Filed Dec. 17, 2018 Amend Complaints Per Court Instructions for (1) Title VII Under Race Discrimination (2) ADEA" ("Motion to Seal"). ECF No. 14. The Motion to Seal asks the Court to seal [12-5] Exhibit "5" attached to Plaintiff's First Amended Complaint because it contains confidential information regarding another individual. For good cause, the Court GRANTS the Motion to Seal. Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 12/18/2018. (mansfield2) |
| Filing 14 MOTION to Seal Document filed Dec. 17, 2018 #12 Amended Complaints Per Court Instructions for (1) Title VII Under Race Discrmination (2) ADEA - by Plaintiff Gail Lynn Crabbe. (emt, ) |
| Filing 13 MOTION to Consider That Attached Exhibit 1 Supporting My Complaints by Past Attorney to EEOC. Awaiting EEOC Records. Will Amend FMLA Claim When EEOC Records and/or Appointed Counsel is Granted. Choosing Not to Amend ADA Claim - by Plaintiff Gail Lynn Crabbe. (Attachments: #1 Exhibit 1) (emt, ) |
| Filing 12 AMENDED COMPLAINTS Per Court Instructions for (1) Title VII Under Race Discrimination (2) ADEA against Darlene Nakayama, Palolo Chinese Home - filed by Gail Lynn Crabbe. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 SEALED pursuant to ECF No. 15 Minute Order ) (emt, ) Modified on 12/18/2018 Exhibit 5 has been SEALED due pursuant to ECF No. 15 Minute Order. (emt) |
| Filing 11 MOTION to Reconsider Appointment of Counsel to Extend Dates re #10 - by Plaintiff Gail Lynn Crabbe. (emt, ) |
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Filing 10
ORDER (1) GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS #2 ; (2) DISMISSING COMPLAINT WITH PARTIAL LEAVE TO AMEND; (3) DENYING AS MOOT MOTION FOR APPOINTMENT OF COUNSEL #3 ; AND (4) DENYING AMENDED MOTION FOR APPOINTMENT OF COUNSEL #8 . Excerpt of conclusion: "The Complaint, Dkt. No. #1 , is DISMISSED WITH PREJUDICE with respect to all claims against the individual defendants under Title VII, the ADA, and the ADEA. The Complaint, Dkt. No. #1 , is DISMISSED WITHOUT PREJUDICE IN PART with respect to (i) all claims against Palolo Chinese Home under Title VII, the ADEA, and the FMLA, (ii) any claim under the ADA against Palolo Chinese Home except for Crabbe's failure to accommodate claim, and (iii) any claims under the FMLA against the individual defendants.Crabbe may have until December 17, 2018 to file an amended complaint to the extent allowed herein. The Court cautions Crabbe that failure to file an amended complaint by December 17, 2018 may result in the dismissal of those claims that the Court has only thus far dismissed without prejudice in this Order." IT IS SO ORDERED. Signed by JUDGE DERRICK K. WATSON on 11/14/2018. (afc)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants will be served by First Class Mail on November 15, 2018 to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 9 Declaration To Support Application For Waiver For Payment of Fees re #2 filed by Gail Crabbe. (cib, ) |
| Filing 8 AMENDED MOTION For Appointment Of Counsel under the Civil Rights Act of 1964 filed by Plaintiff Gail Lynn Crabbe. (cib, ) |
| Filing 7 Errata re #1 Complaint: Submission of updated 2018 list of Corporate Officers and Directors [Palolo Chinese Home] filed by plaintiff Gail Lynn Crabbe. (afc) |
| Filing 6 CLERK OF COURT'S MEMORANDUM re: Corporate Disclosure Statements. (afc) |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 12/31/2018 before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 10/30/2018. (afc)
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| Filing 4 Summons Issued as to All Defendants. (afc) |
| Filing 3 MOTION for Appointment of Counsel under the Civil Rights Act of 1964 - filed by Plaintiff Gail Lynn Crabbe. (afc) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Gail Lynn Crabbe (afc) |
| Filing 1 EMPLOYMENT DISCRIMINATION COMPLAINT; DEMAND FOR JURY TRIAL - filed by Gail Lynn Crabbe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (afc) |
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