Milerson et al v. Metropolitan Transportation Authority et al
| Theresa Milerson and All Others Similarly Situated |
| METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY and Manhattan And Bronx Surface Transit Operating Authority |
| 1:2022cv00688 |
| January 26, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Jennifer L Rochon |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 49
MEMO ENDORSEMENT on re: #48 Status Report filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT Request GRANTED. The parties shall submit another status letter on October 27, 2023. However, it has now been over 19 months since this case was referred for mediation in February 2022. The Court expects the parties to proceed expeditiously and is inclined to proceed with this litigation if a settlement in principle is not reached at the next mediation session. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/21/2023) (jca)
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| Filing 48 STATUS REPORT. (JOINT Pursuant to July 14, 2023 Court's Order (Dkt. 47)) Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 9/19/2023 at 10:00 AM in telephone or video conference.(mnp) |
| Filing 47 MEMO ENDORSEMENT on re: #46 Letter, filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT: Request GRANTED. The parties shall submit another joint status letter by September 22, 2023. (Signed by Judge Jennifer L. Rochon on 7/14/2023) (vfr) |
| Filing 46 JOINT LETTER addressed to Judge Jennifer L. Rochon from Douglas Klein dated 7/14/23 re: Status Update. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Transmission to Mediation Clerk. Transmitted re: #47 Memo Endorsement to the Mediation Clerk for case processing. (vfr) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/12/2023. Mediation Status due by 8/11/2023. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 7/12/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter, filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT Request GRANTED. The parties shall submit another status letter by July 16, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/18/2023) (jca)
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| Filing 44 JOINT LETTER addressed to Judge Jennifer L. Rochon from Douglas Klein dated 05/17/2023 re: Status Update. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 5/16/2023. Mediation Status due by 6/15/2023. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 5/16/2023 at 10:00 AM in telephone or video conference.(mnp) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Status Report filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT The parties shall file another status letter within 5 business days of their next mediation session or May 22, 2023, whichever is earlier. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/20/2023) (jca)
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| Filing 42 STATUS REPORT. (JOINT) Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
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Filing 41
MEMO ENDORSEMENT on re: #40 Letter filed by Theresa Milerson. ENDORSEMENT Request GRANTED. The parties shall submit another status letter by March 17, 2023. The Court expects the parties to proceed expeditiously and without prolonged delay to this litigation. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/14/2023) (jca)
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| Filing 40 JOINT LETTER addressed to Judge Jennifer L. Rochon from Patricia L. Boland dated March 13, 2023 re: Status Update. Document filed by Theresa Milerson..(Boland, Patricia) |
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Filing 39
MEMO ENDORSEMENT on re: #38 Letter, filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT Request GRANTED. The parties shall submit a joint status update letter on or before March 13, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/9/2023) (jca)
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| Filing 38 JOINT LETTER addressed to Judge Jennifer L. Rochon from Douglas Klein dated 02/09/2023 re: Status Update. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 2/8/2023. Mediation Status due by 3/10/2023. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 2/8/2023 at 01:00 PM in telephone or video conference.(mnp) Modified on 2/1/2023 (mnp). |
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Filing 37
MEMO ENDORSEMENT on re: #36 Status Report filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT Request GRANTED. The stay in this action is hereby extended through the second mediation session. The parties shall file a status letter by February 13, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/13/2023) (jca)
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| Filing 36 STATUS REPORT. (JOINT) Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 1/10/2023 was not held. Mediation Status due by 1/27/2023.(mnp) |
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter, filed by New York City Transit Authority, Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority. ENDORSEMENT: Request GRANTED. The stay entered by Stipulation and Order on July 29, 2022 is hereby extended through the duration of the second mediation session scheduled for January 10, 2023. See ECF No. 25. Defendants' time to answer, move, or otherwise respond to the Complaint is extended to 21 days after the second mediation session. The parties shall file a status letter no later than January 13, 2023. The Court is unlikely to extend these deadlines further and will proceed to a status conference if no settlement is reached at the second mediation session. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/11/2022) (tg)
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| Filing 34 LETTER addressed to Judge Jennifer L. Rochon from Douglas J. Klein dated November 11, 2022 re: Status Update. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/10/2022. Mediation Status due by 12/12/2022. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 1/10/2023 at 09:30 AM in telephone or video conference.(mnp) |
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Filing 33
ORDER terminating #23 Letter Motion to Stay re: #23 LETTER MOTION to Stay addressed to Judge Ronnie Abrams from Douglas Klein dated 7/28/2022. The Letter Motion at ECF No. 23 is terminated in light of the Stipulation and Order dated July 29, 2022 that addressed the motion. See ECF No. 25. (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| Filing 32 LETTER addressed to Judge Jennifer L. Rochon from Douglas J. Klein dated September 29, 2022 re: Status Update in accordance with Order dated September 22, 2022 (DKT. 31). Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
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Filing 31
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: As further set forth by this Order. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/22/2022) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Ronnie Abrams is no longer assigned to the case. (nb) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 11/10/2022 at 09:30 AM in telephone or video conference.(mnp) |
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time. Application granted. The parties shall provide an update on the progress of mediation by November 15, 2022. (Signed by Judge Ronnie Abrams on 8/31/2022) (rro) Transmission to Mediation Clerk for processing.
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| Filing 29 LETTER MOTION for Extension of Time - Jointly Requesting an extension to the deadline for the Parties to conduct a mediation in this matter until and including November 10, 2022 addressed to Judge Ronnie Abrams from Douglas J. Klein dated August 30, 2022. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
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Filing 28
MEMO ENDORSEMENT granting #27 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. The Clerk of Court is respectfully directed to terminate Mr. Slotnick from the docket. SO ORDERED. Attorney Gregory S Slotnick terminated. (Signed by Judge Ronnie Abrams on 8/10/2022) (vfr)
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| Filing 27 MOTION for Gregory S. Slotnick to Withdraw as Attorney . Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority. (Attachments: #1 Affidavit - Declaration in Support).(Slotnick, Gregory) |
| Filing 26 NOTICE OF APPEARANCE by Brian Bodansky on behalf of Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Bodansky, Brian) |
| Set/Reset Mediation Case Tracking Deadlines: Mediator Schedule due by 8/15/2022. (ah) |
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Filing 25
STIPULATION AND ORDER: NOW THEREFORE, SUBJECT TO THE APPROVAL OF THE COURT, IT IS HEREBY STIPULATED AND AGREED: 1. Defendants shall have through and including August 12, 2022, to produce the remaining outstanding responsive documents for mediation. Following such production, the Parties shall meet to discuss the prospect of settlement and re-engage with the Mediator within 60 days. 2. Defendants' time to answer, move, or otherwise respond to the Complaint is extended from July 29, 2022, through and including twenty-one (21) days following the Parties anticipated mediation should the mediation not result in settlement of the case. 3. It is further agreed that this stipulation or extension does not constitute a waiver of any claim, right, or defense. 4. Unless otherwise agreed to between the Parties, Plaintiff shall not move for conditional certification, and Defendants shall not serve any Offer of Judgment Pursuant to Fed. R. Civ. P. 68 until after Defendants' deadline to respond to the Complaint. 5. The Parties shall provide the Court with a status update no later than October 21, 2022 or other such date as convenient for the Court. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/29/2022) (ate) Modified on 7/29/2022 (ate).
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Filing 23 LETTER MOTION to Stay addressed to Judge Ronnie Abrams from Douglas Klein dated 7/28/2022. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Filing 22 STATUS REPORT. (JOINT) Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Set/Reset Mediation Case Tracking Deadlines: Mediation Status due by 7/29/2022. (ah) |
| Set/Reset Mediation Case Tracking Deadlines: Mediator Schedule due by 6/17/2022. (ah) |
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Filing 21
STIPULATION AND ORDER: NOW THEREFORE, SUBJECT TO THE APPROVAL OF THE COURT, IT IS HEREBY STIPULATED AND AGREED: 1. The matter is stayed until July 29, 2022 in order to allow adequate time for counsel for Defendants to collect and produce documents. On or before May 27, 2022, Defendants shall begin to produce documents responsive to the Mediation Order. Following production of the responsive documents by Defendants, the parties will again meet to discuss settlement and re-engage the services of Mediator Winslett, if necessary. 2. In order to allow for these settlement discussions to continue, Plaintiff will move for conditional certification of the putative collective no earlier than July 29, 2022. 3. Defendants' time to answer, move, or otherwise respond to the Collective Action Complaint filed on or about January 26, 2022 ("Complaint") is extended from April 11, 2022 to July 29, 2022. Defendants further agree that they will not serve a Rule 68 Offer of Judgment, if any, until on or after July 29, 2022. 4. It is further agreed that this stipulation or extension does not constitute a waiver of any claim, right, or defense. 5. The Parties shall provide the Court with a status update no later than July 15, 2022. SO ORDERED. Manhattan And Bronx Surface Transit Operating Authority answer due 7/29/2022; Metropolitan Transportation Authority answer due 7/29/2022; New York City Transit Authority answer due 7/29/2022.( Motions due by 7/29/2022.) (Signed by Judge Ronnie Abrams on 4/8/2022) (ate)
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| Filing 20 PROPOSED STIPULATION AND ORDER. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Ekelman, Felice) |
| Filing 19 JOINT LETTER MOTION to Stay addressed to Judge Ronnie Abrams from Douglas J. Klein dated April 7, 2022. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
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Filing 18
ORDER: granting #17 Letter Motion for Extension of Time to Answer re #17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, With Plaintiff's Consent. addressed to Judge Ronnie Abrams from Douglas J. Klein dated March 28, 2022. Application Granted. SO ORDERED. Manhattan And Bronx Surface Transit Operating Authority answer due 4/11/2022; Metropolitan Transportation Authority answer due 4/11/2022; New York City Transit Authority answer due 4/11/2022. (Signed by Judge Ronnie Abrams on 3/29/2022) (ama)
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| Filing 17 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, With Plaintiff's Consent addressed to Judge Ronnie Abrams from Douglas J. Klein dated March 28, 2022. Document filed by Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority. Return Date set for 4/11/2022 at 05:00 PM..(Klein, Douglas) |
| Filing 16 NOTICE of Notice of Filing Consent to Join Form. Document filed by Theresa Milerson..(Boland, Patricia) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/14/2022.(ah) |
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Filing 15
MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 2/28/2022. (Signed by Judge Ronnie Abrams on 12/10/2019) (jpt)
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| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Metropolitan Transportation Authority waiver sent on 2/2/2022, answer due 4/4/2022. Document filed by Theresa Milerson..(Boland, Patricia) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. New York City Transit Authority waiver sent on 2/2/2022, answer due 4/4/2022. Document filed by Theresa Milerson..(Boland, Patricia) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Manhattan And Bronx Surface Transit Operating Authority waiver sent on 2/2/2022, answer due 4/4/2022. Document filed by Theresa Milerson..(Boland, Patricia) |
| Filing 11 NOTICE OF APPEARANCE by Gregory S Slotnick on behalf of Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Slotnick, Gregory) |
| Filing 10 NOTICE OF APPEARANCE by Douglas Joseph Klein on behalf of Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Klein, Douglas) |
| Filing 9 NOTICE OF APPEARANCE by Felice B. Ekelman on behalf of Manhattan And Bronx Surface Transit Operating Authority, Metropolitan Transportation Authority, New York City Transit Authority..(Ekelman, Felice) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Manhattan And Bronx Surface Transit Operating Authority. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to New York City Transit Authority. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Metropolitan Transportation Authority. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Patricia Lynne Boland. The party information for the following party/parties has been modified: METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, Theresa Milerson. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Patricia Lynne Boland. The following party/parties has been removed from this case: All Others Similarly Situated. The party was added to the case in error. (vf) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| Case Designated ECF. (vf) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, re: #1 Complaint. Document filed by Theresa Milerson.(Boland, Patricia) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to NEW YORK CITY TRANSIT AUTHORITY, re: #1 Complaint,. Document filed by Theresa Milerson.(Boland, Patricia) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to METROPOLITAN TRANSPORTATION AUTHORITY, re: #1 Complaint,. Document filed by Theresa Milerson.(Boland, Patricia) |
| Filing 2 CIVIL COVER SHEET filed..(Boland, Patricia) |
| Filing 1 COMPLAINT against Metropolitan Transportation Authority , Manhattan And Bronx Surface Transit Operating Authority, New York City Transit Authority. (Filing Fee $ 402.00, Receipt Number ANYSDC-25642286)Document filed by Theresa Milerson.(Boland, Patricia) |
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