Levine v. DeJoy
| Patricia Levine |
| Postmaster General Louis DeJoy and Louis DeJoy |
| 1:2020cv01208 |
| December 16, 2020 |
| US District Court for the Western District of Michigan |
| Ray Kent |
| Paul L Maloney |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 100
ORDER granting #97 motion to adjourn trial; dismissing as moot #90 motion to adjourn; an amended case management order to issue; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 99 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION to adjourn trial date #97 filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 98 MEMORANDUM in support of Motion to Adjourn #97 trial date filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 97 UNOPPOSED MOTION to adjourn trial date with proposed order by defendant Louis DeJoy; (Almassian, Carolyn) Modified text on 8/15/2023 (mlc). |
| Filing 96 MINUTES of settlement conference held before Magistrate Judge Ray Kent; the parties did not reach a settlement of the case (Portion of Proceedings Digitally Recorded) (sjc) |
| Filing 95 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Supplemental Response to Plaintiff's Request to Produce to Defendant NOS 11 and 14 (Almassian, Carolyn) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Alise Hildreth on behalf of defendant Louis DeJoy (Hildreth, Alise) |
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Filing 94
ORDER taking under advisement #90 motion to adjourn trial; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 93
ORDER scheduling settlement conference: settlement conference set for 8/8/2023 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; signed by Magistrate Judge Ray Kent (fhw)
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| Filing 92 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION to adjourn (Motion to Reschedule Trial) #90 filed by Patricia Levine (Smith, Glenn) |
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Filing 91
ORDER regarding Motion to Adjourn #90 and certificate of concurrence; motion held in abeyance pending filing of certificate; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 90 UNOPPOSED MOTION to adjourn (Motion to Reschedule Trial) by plaintiff Patricia Levine; (Smith, Glenn) |
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Filing 89
AMENDED CASE MANAGEMENT ORDER: final pretrial conference set for 9/11/2023 at 04:00 PM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; jury trial set for 9/25/2023 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 88 MANDATE of USCA re appeal #85 (ns) |
| Filing 87 OPINION and JUDGMENT of USCA re appeal #85 filed: REVERSED and REMANDED it is ordered that the judgment of the district court is Reversed and Remanded for further proceedings consistent with the opinion of this court; Mandate to Issue (mlc) Modified text on 4/11/2023 (mlc). |
| CASE NUMBER 22-1388 assigned by the Sixth Circuit to appeal #85 (mkc) |
| Filing 86 LETTER FROM CCA regarding appeal #85 indicating that appeal has been docketed (jjm) |
| RECEIPT: USCA appeal fee re #85 by attorney Glenn L. Smith on hehalf of plaintiff Patricia Levine in the amount of $505.00, receipt number AMIWDC-6733185 (jmw) |
| Filing 85 NOTICE OF APPEAL re #84 , #83 by plaintiff Patricia Levine (Smith, Glenn) |
| Filing 84 JUDGMENT; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
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Filing 83
OPINION AND ORDER granting #76 motion for summary judgment; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 82 CERTIFICATE of compliance re word count for Reply to Response to Motion #81 Defendant's Reply in Support of Motion for Summary Judgment filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 81 REPLY to response to motion #76 Defendant's Reply in Support of Motion for Summary Judgment filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 80 CERTIFICATE of compliance re word count for Response in Opposition, #79 filed by Patricia Levine (Smith, Glenn) |
| Filing 79 RESPONSE in opposition to MOTION for summary judgment #76 filed by Patricia Levine (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Smith, Glenn) |
| Filing 78 CERTIFICATE of compliance re word count for Memorandum in Support of a Motion, #77 filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 77 MEMORANDUM in support of Motion for Summary Judgment #76 filed by Louis DeJoy (Attachments: #1 Exhibit 1 - Deposition of Theresa Mullins, #2 Exhibit 2 - Deposition of Patricia Levine, #3 Exhibit 3 - Deposition of Kathleen L. Peare) (Almassian, Carolyn) |
| Filing 76 MOTION for summary judgment by defendant Louis DeJoy; (Almassian, Carolyn) |
| Filing 75 MINUTES of motion hearing re #68 MOTION for discovery (Motion for Leave to Issue Additional Limited Discovery) filed by Patricia Levine held before Magistrate Judge Ray Kent; motion withdrawn by plaintiff; order to issue; settlement conference from 1/25/22 not continued (Proceedings Digitally Recorded) (sjc) |
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Filing 74
ORDER denying #68 motion for discovery; signed by Magistrate Judge Ray Kent (fhw)
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| Filing 73 MINUTES of settlement conference held before Magistrate Judge Ray Kent; continued to 1/27/22(Proceedings Not Digitally Recorded) (sjc) |
| Filing 72 NOTICE OF MOTION HEARING regarding document number #68 : motion hearing is set for 1/27/2022 at 10:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; (fhw) |
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(NON-DOCUMENT) ORDER REFERRING MOTION for discovery (Motion for Leave to Issue Additional Limited Discovery) #68 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 71 CERTIFICATE of compliance re word count for Response in Opposition, #70 Defendant's Response to Plaintiff's Motion for Leave to Conduct Additional Discovery filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 70 RESPONSE in opposition to MOTION for discovery (Motion for Leave to Issue Additional Limited Discovery) #68 filed by Louis DeJoy (Attachments: #1 Exhibit Plaintiff's First Discovery Requests to Defendant) (Almassian, Carolyn) Modified text on 1/7/2022 (mlc). |
| Filing 69 MEMORANDUM in support of Motion for Discovery #68 (Motion for Leave to Issue Additional Limited Discovery) filed by Patricia Levine (Smith, Glenn) |
| Filing 68 MOTION for discovery (Motion for Leave to Issue Additional Limited Discovery) by plaintiff Patricia Levine; (Smith, Glenn) |
| Filing 67 NOTICE re #49 Withdrawal of Motion to Compel by plaintiff Patricia Levine (Smith, Glenn) |
| Filing 66 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Third Supplemental Rule 26a Disclosures (Almassian, Carolyn) |
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Filing 65
ORDER granting STIPULATION #64 ; response re #49 due 12/17/2021; signed by Magistrate Judge Ray Kent (fhw)
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(NON-DOCUMENT) ORDER REFERRING STIPULATION and PROPOSED ORDER to Extend Defendant's Time to Respond to Plaintiff's Motion to Compel [ECF No. 49] by defendant Louis DeJoy #64 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 64 STIPULATION and PROPOSED ORDER to Extend Defendant's Time to Respond to Plaintiff's Motion to Compel #49 by defendant Louis DeJoy (Attachments: #1 Proposed Order for Extension of Time) (Almassian, Carolyn) Modified text on 12/3/2021 (mlc). |
| Filing 63 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Notice of Taking Depositions of NyGaard, McHerron and McMillan (Smith, Glenn) |
| Filing 62 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Notice of Taking Deposition of Kathleen Peare (Smith, Glenn) |
| Filing 61 NOTICE rescheduling settlement conference that was previously set for 1/18/2022 at 1:30 PM; settlement conference rescheduled to 1/25/2022 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; (fhw) |
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Filing 60
ORDER granting #57 unopposed motion for extension of time to respond to #49 ; motion hearing set for 11/30/2021 at 10:30 AM is adjourned pending further order; signed by Magistrate Judge Ray Kent (fhw)
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| Filing 59 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for extension of time to respond to Plaintiff's Motion to Compel #57 filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 58 BRIEF in support of MOTION for extension of time to respond to Plaintiff's Motion to Compel #57 filed by Louis DeJoy (Attachments: #1 Proposed Order) (Almassian, Carolyn) |
| Filing 57 MOTION for extension of time to respond to Plaintiff's Motion to Compel by defendant Louis DeJoy; (Almassian, Carolyn) |
| Filing 56 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Second Supplemental Rule 26(a) Disclosures (Almassian, Carolyn) |
| Filing 55 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Supplemental Answers to Plaintiff's Second Set of Interrogatories to Defendant and Defendant's Supplemental Response to Plaintiff's Second Request to Produce to Defendant and documents bearing bates numbers LEVINE-002353 through LEVINE-002528 (Almassian, Carolyn) |
| Filing 54 NOTICE OF TAKING DEPOSITION by plaintiff Patricia Levine regarding Plaintiff's Notice of Taking Deposition of Theresa Mullins (Smith, Glenn) Modified text on 11/18/2021 (slk). |
| Filing 53 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Notice of Taking Deposition of Theresa Mullins (Smith, Glenn) |
| Filing 52 NOTICE OF MOTION HEARING regarding document number #49 : motion hearing is set for 11/30/2021 at 10:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; (fhw) |
| Filing 51 NOTICE OF MOTION HEARING regarding document number #49 : motion hearing is set for 12/1/2021 at 10:30 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; (fhw) |
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(NON-DOCUMENT) ORDER REFERRING MOTION to compel Discovery Responses to Plaintiff's Second Set of Interrogatories and Request to Produce to Defendant #49 to Magistrate Judge Ray Kent under 28 U.S.C. 636(b)(1)(A); signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 50 MEMORANDUM in support of Motion to Compel #49 with certificate of compliance filed by Patricia Levine (Attachments: #1 Exhibit 1 Defendant's Answers to Plaintiff's First Set of Interrogatories, #2 Exhibit 2 Plaintiff's Second Set of Interrogatories to Defendant, #3 Exhibit 3 Plaintiff's Second Set of Request to Produce to Defendant, #4 Exhibit 4 Defendant's Answer to Plaintiff's Second Set of Interrogatories to Defendant, #5 Exhibit 5 Defendant's Response to Plaintiff's Second Request to Produce to Defendant) (Smith, Glenn) Modified text on 11/9/2021 (mlc). |
| Filing 49 MOTION to compel Discovery Responses to Plaintiff's Second Set of Interrogatories and Request to Produce to Defendant by plaintiff Patricia Levine; (Smith, Glenn) |
| Filing 48 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Answers to Plaintiff's Second Set of Interrogatories to Defendant and Defendant's Response to Plaintiff's Second Request to Produce to Defendant (Almassian, Carolyn) |
| Filing 47 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiffs' Second Set of Interrogatories to Defendant and Plaintiff's Second Request to Produce to Defendant (Smith, Glenn) |
| Filing 46 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Notice of Taking Deposition of Patricia Levine (Almassian, Carolyn) |
| Filing 45 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Supplemental Response to Plaintiff's First Requests to Produce to Defendant, and documents bearing bates number LEVINE-001988 through LEVINE-002352 (Almassian, Carolyn) |
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Filing 44
ORDER approving STIPULATION #43 ; discovery deadline extended to 12/28/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 43 PROPOSED STIPULATION and ORDER to Extend Case Management Order and Amended Case Management Order by defendant Louis DeJoy (Almassian, Carolyn) |
| Filing 42 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Answers to Plaintiff's First Set of Interrogatories to Defendant and Defendant's Response to Plaintiff's First Requests to Produce to Defendant (Almassian, Carolyn) |
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Filing 41
PROTECTIVE ORDER; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 40 STIPULATED MOTION for protective order Stipulated Protective Order by defendant Louis DeJoy; (Almassian, Carolyn) |
| Filing 39 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant Louis DeJoy's Amended Expert Witness Disclosures (Almassian, Carolyn) |
| Filing 38 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant Louis DeJoy's Expert Witness Disclosures (Almassian, Carolyn) |
| Filing 37 CORRECTED CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Answers to Defendant's First Set of Discovery Requests to Plaintiff (Smith, Glenn) Modified text on 7/6/2021 (ems). |
| Filing 36 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Rule 26(A)(2) Expert Witness Disclosure (Smith, Glenn) |
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Filing 35
ORDER granting #34 motion for extension of time for expert disclosures; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 34 STIPULATED MOTION for extension of time to file (Extend the Deadline to Disclose Experts and the Disclosure of Expert Reports) by plaintiff Patricia Levine; (Attachments: #1 Exhibit 1 - Proposed Order) (Smith, Glenn) Modified text on 6/15/2021 (ems). |
| Filing 33 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's First Set of Discovery Requests to Plaintiff (Almassian, Carolyn) |
| Filing 32 CERTIFICATE OF SERVICE by plaintiff Patricia Levine for Plaintiff's Rule 26 Disclosures (Smith, Glenn) |
| Filing 31 CERTIFICATE OF SERVICE by defendant Louis DeJoy for Defendant's Rule 26(a) Disclosures (Almassian, Carolyn) |
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Filing 30
CASE MANAGEMENT ORDER: discovery to be completed by 10/29/2021; dispositive motions due by 2/15/2022; settlement conference set for 1/18/2022 at 01:30 PM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Ray Kent; final pretrial conference set for 8/1/2022 at 09:30 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; jury trial set for 8/22/2022 at 08:45 AM at 174 Federal Building, Kalamazoo, MI before District Judge Paul L. Maloney; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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Filing 29
OPINION AND ORDER denying #17 motion for summary judgment; granting #24 motion for discovery ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 28 MINUTES of scheduling conference by telephone held before District Judge Paul L. Maloney (Proceedings not recorded) (Judge Paul L. Maloney, acr) |
| Filing 27 JOINT STATUS REPORT (Smith, Glenn) |
| Filing 26 CERTIFICATE of compliance re word count for Response to Motion, #25 filed by Louis DeJoy (Almassian, Carolyn) |
| Filing 25 RESPONSE TO MOTION for discovery pursuant to Rule 56(d) and to Deny or Defer Defendant's Motion for Summary Judgment #24 filed by Louis DeJoy (Attachments: #1 Exhibit 1 - Declaration of Ronald Ramos) (Almassian, Carolyn) |
| Filing 24 MOTION for discovery pursuant to Rule 56(d) and to Deny or Defer Defendant's Motion for Summary Judgment by plaintiff Patricia Levine; (Attachments: #1 Plaintiff's Memorandum in Support of Rule 56(d) Motion to Permit Plaintiff to Undertake Discovery and Defer or Deny Defendant's Motion For Summary Judgment, #2 Exhibit A - Declaration of Patricia Levine, #3 Proposed Order Granting Plaintiff's Rule 56(d) Motion and Denying Summary Judgment, #4 Certificate of Compliance) (Smith, Glenn) |
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Filing 23
ORDER rescheduling Rule 16 conference: Rule 16 scheduling conference is set for 4/19/2021 at 02:30 PM by telephone before District Judge Paul L. Maloney; status report due by 4/14/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 22
ORDER granting #20 motion for extension of time to file response; new deadline to be established at the Rule 16 scheduling conference; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 21 PROPOSED ORDER regarding Order Granting Extension of Time by plaintiff Patricia Levine (Smith, Glenn) |
| Filing 20 MOTION for extension of time to file response/reply to Defendant's Motion for Summary Judgment by plaintiff Patricia Levine; (Smith, Glenn) Modified text on 3/23/2021 (ems). |
| Filing 19 CERTIFICATE of compliance re word count for Memorandum in Support of a Motion #18 filed by Louis DeJoy (Almassian, Carolyn) Modified text on 3/12/2021 (ems). |
| Filing 18 MEMORANDUM in support of Motion for Summary Judgment #17 filed by Louis DeJoy (Attachments: #1 Exhibit 1 - Plaintiff's SF-50s, #2 Exhibit 2 - Position Description, Lead Sales & Services Associate, #3 Exhibit 3 - Job Posting, Supervisor Customer Services, #4 Exhibit 4 - Position Description, Supervisor Customer Services, #5 Exhibit 5 - Applicant Matrix, #6 Exhibit 6 - Katie Cole EEO Affidavit, #7 Exhibit 7 - Theresa Mullins EEO Affidavit, #8 Exhibit 8 - Mullins Interview Notes (Peare), #9 Exhibit 9 - Mullins Interview Notes (Plaintiff), #10 Exhibit 10 - Howe email, #11 Exhibit 11 - Peare Application, #12 Exhibit 12 - Plaintiff Application, #13 Exhibit 13 - Discovery Responses, #14 Exhibit 14 - EEOC Order Granting Summary Judgment, #15 Exhibit 15 - SF-50s: Guydon and McMillan, #16 Exhibit 16 - Ronda Taylor Declaration, #17 Exhibit 17 - Ronald Ramos Declaration, #18 Exhibit 18 - EL Handbook) (Almassian, Carolyn) |
| Filing 17 MOTION for summary judgment by defendant Louis DeJoy; (Almassian, Carolyn) |
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Filing 16
ORDER rescheduling Rule 16 conference: Rule 16 scheduling conference is set for 4/13/2021 at 10:00 AM by telephone before District Judge Paul L. Maloney; status report due by 4/8/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 15
ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 4/5/2021 at 10:00 AM before District Judge Paul L. Maloney; status report due by 3/31/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 14 ANSWER to complaint #1 with affirmative defenses by Louis DeJoy (Almassian, Carolyn) |
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Filing 13
ORDER approving STIPULATION #12 ; deadline for defendant to file response to complaint extended to 3/8/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 12 PROPOSED STIPULATION and ORDER to Extend Defendant's Time to Respond to Plaintiff's Complaint by defendant Louis DeJoy [Attorney Carolyn Ann Almassian added to party Louis DeJoy(pty:dft)] (Almassian, Carolyn) |
| Filing 11 SUMMONS returned executed; Patricia Levine served on 1/22/2021, (Attachments: #1 Attachment no. 1 receipt, #2 Attachment no. 2 receipt) (Smith, Glenn) Modified text on 2/4/2021 (ndj) |
| Filing 10 SUMMONS returned executed; Patricia Levine served on 1/25/2021, (Attachments: #1 Attachment no. 1 receipt, #2 Attachment no. 1 receipt) (Smith, Glenn) Modified text on 2/4/2021 (ndj) |
| Filing 9 PROOF OF SERVICE by plaintiff Patricia Levine re Summons Issued as to USA #6 re service of summons and complaint upon Attorney General (Attachments: #1 Attachment no. 1 receipt, #2 Attachment no. 2 receipt) (Smith, Glenn) |
| Filing 8 PROOF OF SERVICE by plaintiff Patricia Levine re Summons Issued as to USA #6 re service of summons and complaint upon DeJoy (Attachments: #1 Attachment no. 1 receipt, #2 Attachment no. 2 receipt) (Smith, Glenn) |
| Filing 7 SUMMONS RETURNED EXECUTED by plaintiff Patricia Levine for summons served on U.S. Attorney for the Western District of MI; served 12/22/2020, answer due 2/22/2021 (Smith, Glenn) Modified text on 12/23/2020 (mg). |
| Filing 6 SUMMONS ISSUED as to defendant Louis DeJoy, U.S. Attorney and U.S. Attorney General (ndj) |
| Filing 5 NOTICE that this case has been assigned Paul L. Maloney (eod) |
| Filing 4 PROPOSED SUMMONS to be issued re #1 (Smith, Glenn) |
| Filing 3 PROPOSED SUMMONS to be issued re #1 (Smith, Glenn) |
| Filing 2 PROPOSED SUMMONS to be issued re #1 (Smith, Glenn) |
| Filing 1 COMPLAINT with jury demand (Verified) against Louis DeJoy filed by Patricia Levine (Smith, Glenn) |
| RECEIPT: in the amount of $402.00, receipt number AMIWDC-6070989; filing fee paid by attorney Glenn L. Smith on behalf of plaintiff Patricia Levine (jmw) |
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