Miner-Vargas, et al. v. Wal-Mart Associates, Inc.
| Brigette Mabe, Madigan Miner-Vargas, Cynthia Haywood, Carlos Cotto and Elijah Turner |
| Wal-Mart Associates, Inc. |
| Retail Litigation Center, Inc., Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, National Retail Federation, Restaurant Law Center, New York State Restaurant Association, Business Council of New York State, Inc. and Business Council of Westchester |
| 1:2020cv00591 |
| May 29, 2020 |
| US District Court for the Northern District of New York |
| Albany Office |
| Christian F Hummel |
| Thomas J McAvoy |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
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Filing 59
COURT NOTICE of Hearing: Initial Conference set for 4/26/2023 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/19/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call in advance of the scheduled date and time.(tab)
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Filing 58
DECISION and ORDER: IT IS ORDERED that Amici's motion for leave to file an amicus brief, Dkt. No. #49 , is GRANTED. Defendant Wal-Mart Associates, Inc.'s motion for the Court to amend its March 24, 2022 Decision and Order so as to certify that Order for immediate interlocutory appeal, and to stay further proceedings in this matter pending that interlocutory appeal's disposition, Dkt. No. #40 , is DENIED. Signed by Senior Judge Thomas J. McAvoy on March 23, 2023. (ztc)
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Filing 57
ORDER approving #56 Stipulation filed by Wal-Mart Associates, Inc. to Substitute Plaintiff and amend the case caption. [Madigan Miner-Vargas, Cynthia Haywood, Carlos Cotto and Elijah Turner added. Brigette Mabe terminated]. Signed by Magistrate Judge Christian F. Hummel on 2/2/2023. (tab)
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Filing 56
STIPULATION to Substitute Plaintiff and Change Caption by Wal-Mart Associates, Inc. submitted to Judge Hummel. (Greenberg, Henry)
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Filing 55
SUGGESTION OF DEATH Upon the Record as to Brigette Mabe by Brigette Mabe. (Schaffer, Brian)
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Filing 54
NOTICE by Brigette Mabe re #49 MOTION for Leave to File Brief of Amici Curiae In Support of Defendant's Motion to Certify the Court's March 24, 2022 Order for Interlocutory Appeal filed by Retail Litigation Center, Inc., Chamber of Commerce of the United States of, #52 Reply to Response to Motion,, Notice of Supplemental Authority (Attachments: #1 Exhibit(s) Ex. A - Grant Order)(Schaffer, Brian)
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Filing 53
NOTICE by Brigette Mabe re #40 MOTION to Amend/Correct #38 Order on Motion to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Notice of Supplemental Authority (Attachments: #1 Exhibit(s) Ex. A - Gillett Order)(Schaffer, Brian)
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Filing 52
REPLY to Response to Motion re #49 MOTION for Leave to File Brief of Amici Curiae In Support of Defendant's Motion to Certify the Court's March 24, 2022 Order for Interlocutory Appeal filed by Retail Litigation Center, Inc., Chamber of Commerce of the United States of filed by Business Council of New York State, Inc., Business Council of Westchester, Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, National Retail Federation, New York State Restaurant Association, Restaurant Law Center, Retail Litigation Center, Inc.. (Schuster, Stephanie)
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Filing 51
RESPONSE in Opposition re #49 MOTION for Leave to File Brief of Amici Curiae In Support of Defendant's Motion to Certify the Court's March 24, 2022 Order for Interlocutory Appeal filed by Retail Litigation Center, Inc., Chamber of Commerce of the United States of filed by Brigette Mabe. (Schaffer, Brian)
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Filing 50
NOTICE OF ADMISSION REQUIREMENT as to Party Amicus Parties Retail Litigation Center, Inc., Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, National Retail Federation, Restaurant Law Center, New York State Restaurant Association, Business Council of New York State, Inc.,Business Council of Westchester.; Attorney Michael E. Kenneally, Esq., Email address is michael.kenneally@morganlewis.com. Phone number is (202) 739-3000. Admissions due by 5/12/2022. (ztc, )
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Filing 49
MOTION for Leave to File Brief of Amici Curiae In Support of Defendant's Motion to Certify the Court's March 24, 2022 Order for Interlocutory Appeal filed by Retail Litigation Center, Inc., Chamber of Commerce of the United States of America, National Federation of Independent Business Small Business Legal Center, National Retail Federation, Restaurant Law Center, New York State Restaurant Association, Business Council of New York State, Inc., Business Council of Westchester. Response to Motion due by 5/19/2022 (Attachments: #1 Exhibit(s) A) Motions referred to Christian F. Hummel. (Schuster, Stephanie)
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Filing 48
TEXT ORDER granting (in part) #44 Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Adjournment of Deadlines in March 25, 2022 Text Order : The Initial Conference scheduled for 5/5/2022 @ 10:00 AM and the associated civil case management deadline is adjourned pending a decision being issued on Defendant's Motion @ Dkt. No. 40. Authorized by Magistrate Judge Christian F. Hummel on 4/28/2022. (tab)
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Filing 47
RESPONSE in Opposition re #44 Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Adjournment of Deadlines in March 25, 2022 Text Order submitted to Judge Christian F. Hummel filed by Brigette Mabe. (Attachments: #1 Exhibit(s) Ex. A)(Schaffer, Brian)
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Filing 46
RESPONSE in Opposition re #40 MOTION to Amend/Correct #38 Order on Motion to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. filed by Brigette Mabe. (Attachments: #1 Declaration Declaration of Brian Schaffer, #2 Exhibit(s) Ex. A, #3 Exhibit(s) Ex. B)(Schaffer, Brian)
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Filing 45
Defendant's ANSWER to #1 Complaint With Affirmative and Other Defenses by Wal-Mart Associates, Inc..(Greenberg, Henry)
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Filing 44
Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Adjournment of Deadlines in March 25, 2022 Text Order submitted to Judge Christian F. Hummel . (Greenberg, Henry)
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Filing 43
TEXT ORDER granting #42 Consent Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Extension Time to Respond to Complaint : Wal-Mart Associates, Inc. answer due 4/21/2022. Authorized by Magistrate Judge Christian F. Hummel on 4/6/2022. (tab)
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Filing 42
Consent Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Extension Time to Respond to Complaint submitted to Judge Thomas J. McAvoy . (Greenberg, Henry)
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CLERK'S CORRECTION OF DOCKET ENTRY re #40 Motion to Amend/Correct, Clerk modified the docket text to reflect the correct Judge the motion is before. (ztc, )
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Filing 41
MEMORANDUM OF LAW re #40 Motion to Amend/Correct filed by Wal-Mart Associates, Inc.. (Greenberg, Henry)
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Filing 40
MOTION to Amend/Correct #38 Order on Motion to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Response to Motion due by 4/25/2022 Motions referred to Senior District Judge Thomas J. McAvoy. (Greenberg, Henry) Modified on 4/5/2022 to modify docket text to reflect the correct Judge the motion is before. (ztc, ).
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Filing 39
COURT NOTICE of Conference: The Initial Conference has now been set for Thursday, 5/5/2022 @ 10:00 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/28/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.[Set Deadlines: Wal-Mart Associates, Inc. answer deadline is 4/8/2022].(tab)
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Filing 38
DECISION AND ORDER denying the #23 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Thomas J. McAvoy on 3/24/2022. (pjh, )
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Filing 37
RESPONSE in Support re #34 Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Opportunity to Respond submitted to Judge Thomas J. McAvoy Defendant's Response to Plaintiff's Notice in Further Opposition filed by Wal-Mart Associates, Inc.. (Greenberg, Henry)
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Filing 36
NOTICE by Brigette Mabe re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy Notice of Supplemental Authority (Attachments: #1 Exhibit(s))(Schaffer, Brian)
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Filing 35
TEXT ORDER: The #34 Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Opportunity to Respond is hereby GRANTED. Defendant's response to the #33 Notice in Further Opposition to Motion to Dismiss for Failure to State Claim to be filed within ten (10) days and limited to ten (10) pages. Response to #33 Notice due by: 02/28/2022. Authorized by Senior District Judge Thomas J. McAvoy on 02/18/2022. (map)
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Filing 34
Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Opportunity to Respond submitted to Judge Thomas J. McAvoy . (Greenberg, Henry)
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Filing 33
NOTICE by Brigette Mabe re #32 Notice (Other) (Schaffer, Brian)
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Filing 32
NOTICE by Wal-Mart Associates, Inc. Enclosing Supplemental Authority (Attachments: #1 Supplemental Authority)(Greenberg, Henry)
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Filing 31
NOTICE by Brigette Mabe re #24 Response in Opposition to Motion, Notice of Supplemental Authority (Attachments: #1 Exhibit(s))(Schaffer, Brian)
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Filing 30
RESPONSE in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy Response to Plaintiff's Notice of Supplemental Authority filed by Wal-Mart Associates, Inc.. (Greenberg, Henry)
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Filing 29
NOTICE by Brigette Mabe re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy Notice of Supplemental Authority (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Schaffer, Brian)
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Filing 28
TEXT ORDER granting in part and denying in part Defendant's #27 Letter Request. The motion is granted to the extent Defendant seeks to provide a substantive response to Plaintiff Brigette Mabe's #26 Notice of Supplemental Authority in Further Opposition to Defendant's Renewed Motion to Dismiss filed on August 30,2021, and denied with respect to the request to file a motion striking Plaintiff's Notice of Supplemental Authority. Defendant's response to be filed within ten (10) days and limited to ten 10) pages. Authorized by Senior Judge Thomas J. McAvoy on 9/2/2021. (amt)
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Filing 27
Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting permission to file motion to strike Plaintiff's Notice of Supplemental Authority (Dkt. No. 26) submitted to Judge Thomas J. McAvoy . (Greenberg, Henry)
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Filing 26
NOTICE by Brigette Mabe re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy Notice of Supplemental Authority (Attachments: #1 Exhibit(s))(Schaffer, Brian)
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Filing 25
REPLY to Response to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy filed by Wal-Mart Associates, Inc.. (Greenberg, Henry)
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Filing 24
RESPONSE in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy filed by Brigette Mabe. (Attachments: #1 Declaration, #2 Exhibit(s) Ex. A, #3 Exhibit(s) Ex. B)(Schaffer, Brian)
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Filing 23
MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. Motion returnable before Judge Thomas J. McAvoy Response to Motion due by 5/5/2021. Reply to Response to Motion due by 5/12/2021 (Attachments: #1 Declaration of Henry M. Greenberg, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Refiled Notice of Motion, dated August 14, 2020, #5 Refiled Memorandum of Law in Support of Motion to Dismiss, dated August 14, 2020, #6 Refiled Reply Memorandum of Law in Support of Motion to Dismiss, dated October 1, 2020) (Greenberg, Henry)
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Filing 22
DECISION and ORDER: For the reasons stated above, Defendant's #12 motion to dismiss, is GRANTED in part and DENIED in part. The motion is granted to the extent that the Second Cause of Action in the Complaint is DISMISSED. The motion is denied to the extent Defendant seeks to dismiss the First Cause of Action, and Defendant is granted leave of thirty (30) days from the date this Decision and Order is entered to renew this portion of its motion. Signed by Senior Judge Thomas J. McAvoy on March 18, 2021. (kmc)
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Filing 21
NOTICE by Brigette Mabe re #20 Notice (Other) Notice of Supplemental Authority (Attachments: #1 Exhibit(s))(Schaffer, Brian)
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Filing 20
NOTICE by Brigette Mabe re #18 Response in Opposition to Motion Notice of Supplemental Authority (Attachments: #1 Exhibit(s))(Schaffer, Brian)
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Filing 19
REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim filed by Wal-Mart Associates, Inc.. (Attachments: #1 Affirmation of Henry Greenberg, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C)(Greenberg, Henry)
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Filing 18
RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Brigette Mabe. (Attachments: #1 Declaration Declaration of Brian S. Schaffer, #2 Exhibit(s) Ex. A)(Schaffer, Brian)
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Filing 17
TEXT ORDER granting #14 Letter Request: The Rule 16 Initial Conference scheduled for 9/10/2020 at 10:00 AM and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. Authorized by Magistrate Judge Christian F. Hummel on 8/18/2020. (tab)
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Filing 16
AMENDED TEXT ORDER granting the deadlines as proposed in the #13 Stipulation. Defendant's #12 MOTION to Dismiss for Failure to State a Claim is adjourned to Senior Judge McAvoy's 10/13/2020 motion calendar. This motion will be ON SUBMIT; NO APPEARANCES ARE NECESSARY. Response to Motion due by 9/14/2020; Reply to Response to Motion due by 10/1/2020. Authorized by Senior Judge Thomas J. McAvoy on 8/18/2020. (amt)
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Filing 15
TEXT ORDER approving the adjournment requested in the #13 Stipulation. Defendant's #12 MOTION to Dismiss for Failure to State a Claim is adjourned to Senior Judge McAvoy's 10/13/2020 motion calendar. This motion will be ON SUBMIT; NO APPEARANCES ARE NECESSARY. Response to Motion due by 9/25/2020. Reply to Response to Motion due by 10/2/2020. Authorized by Senior Judge Thomas J. McAvoy on 8/18/2020. (amt)
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Filing 14
Letter Request/ Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Rule 16 Conference be suspended awaiting resolution of motion to dismiss submitted to Judge Christian F. Hummel . (Greenberg, Henry)
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Filing 13
STIPULATION re #12 MOTION to Dismiss for Failure to State a Claim by Wal-Mart Associates, Inc. submitted to Judge Thomas J. McAvoy. (Greenberg, Henry)
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Filing 12
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 9/14/2020 10:00 AM in Albany before Senior Judge Thomas J. McAvoy Response to Motion due by 8/28/2020 Reply to Response to Motion due by 9/3/2020. filed by Wal-Mart Associates, Inc.. (Attachments: #1 Memorandum of Law) (Greenberg, Henry)
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Filing 11
COURT NOTICE of Change of Conference Date/Time: Due to the extension of the answer deadline, the Initial Conference has been reset for Thursday, 9/10/2020 @ 10:00 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/3/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) This Court conference will be conducted telephonically and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call.(tab)
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Filing 10
TEXT ORDER granting #9 Letter Request from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Extension of time to respond to the Complaint. Wal-Mart Associates, Inc. answer due 8/14/2020. Authorized by Magistrate Judge Christian F. Hummel on 6/29/2020. (tab)
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Filing 9
First Letter Motion from Henry M. Greenberg for Wal-Mart Associates, Inc. requesting Extension of time to respond to the Complaint from 6/30/20 to 8/14/20 submitted to Judge Christian F. Hummel . (Greenberg, Henry)
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Filing 8
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Wal-Mart Associates, Inc. identifying Corporate Parent Wal-Mart Inc. for Wal-Mart Associates, Inc... (Greenberg, Henry)
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Filing 7
NOTICE of Appearance by Henry M. Greenberg on behalf of Wal-Mart Associates, Inc. (Greenberg, Henry)
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Filing 6
NOTICE of Appearance by Hunter G Benharris on behalf of Brigette Mabe (Benharris, Hunter)
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Filing 5
SUMMONS Returned Executed by Brigette Mabe. Wal-Mart Associates, Inc. served on 6/9/2020, answer due 6/30/2020. (Schaffer, Brian)
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Filing 4
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Hunter G. Benharris, Esq. Phone number is 212-300-0375. Address is Fitapelli & Schaffer, LLP, 28 Liberty Street, 30th Floor New York, NY 10005. Admissions due by 6/15/2020. (Copy served upon attorney via regular mail on 6/2/2020)(kmp)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial In Person Rule 16 Conference set for 8/31/2020 at 9:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/24/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (kmp)
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Filing 2
Summons Issued as to Wal-Mart Associates, Inc. (kmp)
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Filing 1
CLASS ACTION COMPLAINT against Wal-Mart Associates, Inc. (Filing fee $400 receipt number BNYNDC-5130484) filed by Brigette Mabe. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(kmp)
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