LAVERY et al v. B. MAXWELL'S, INC. et al
| KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE, MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER and JENN WALHEIM |
| B. MAXWELL'S, INC., MICHAEL ZOTO and NICHOLAS ZOTO |
| 2:2005cv06322 |
| December 7, 2005 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| JOHN P FULLAM |
| Civil Rights: Employment |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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| Remark re: Order dated January 8, 2007, mailed to KAREN LAVERY, returned by U.S.P.S. as unable to forward-return to sender. (mac, ) |
| Remark re: Order dated January 8, 2007, mailed to DENISE AURELIA, HYLIA JADE SYLVIA, returned by U.S.P.S. as return to sender-unable to forward. (mac, ) |
| Remark re: Order dated January 8, 2007, mailed to LAURA DETWEILER, returned by U.S.P.S. as not deliverable as addressed. (mac, ) |
| Filing 31 Letter from Samuel Dion, Esquire dated December 29, 2006 regarding the dismissal of this action with prejudice as to all plaintiffs. (mac, ) (ti, ). |
Filing 30
ORDER THAT THIS ACTION IS DISMISSED WITH PREJUDICE, FOR LACK OF PROSECUTION, THE CLERK IS DIRECTED TO CLOSE THE FILE. SIGNED BY JUDGE JOHN P. FULLAM ON 1/8/07. 1/8/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(mac, )
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| Remark re: Order dated December 7, 2006, mailed to HYLIA JADE SYLVIA, returned by U.S.P.S. as undeliverable. (mac, ) |
| Remark re: Order dated December 7, 2006, mailed to DENISE AURELIA, LAURA DETWEILER, returned by U.S.P.S. as undeliverable. (mac, ) |
| Remark re: Order dated December 4, 2006, mailed to HYLIA JADE SYLVIA, returned by U.S.P.S. as not deliverable. (mac, ) |
| Filing 29 Exhibit A to the Certificate of Service filed by B. MAXWELL'S, INC., MICHAEL ZOTO.(mac, ) (ti, ). |
| Remark re: Memorandum and Order dated December 4, 2006, mailed to LAURA DETWEILER, DENISE AURELIA, returned by the U.S.P.S. as undeliverable. (mac, ) |
| Remark re: Order dated December 7, 2006, mailed to KAREN LAVERY, returned by the U.S.P.S. as unable to forward-return to sender. (mac, ) |
| Filing 28 CERTIFICATE OF SERVICE by B. MAXWELL'S, INC. re #25 Order, #27 Order, Certificate of Service. (DION, SAMUEL) Modified on 12/12/2006 (cdd, ). |
| Remark re: Memorandum and Order dated December 4, 2006, mailed to KAREN LAVERY, returned by U.S.P.S. as Return to Sender- Unable to Forward. (mac, ) |
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Filing 27
ORDER THAT PARAGRAPH 3 OF THIS COURT'S ORDER DATED DECEMBER 4, 2006 IS AMENDED TO READ AS OUTLINED HEREIN. SIGNED BY JUDGE JOHN P. FULLAM ON 12/7/06. 12/7/06 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS.(mac, )
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| Filing 26 Letter request for clarification dated December 4, 2006 from Samuel Dion, Esquire. (mac, ) (ti, ). |
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Filing 25
MEMORANDUM AND ORDER THAT EACH PLAINTIFF, WITHIN 20 DAYS, NOTIFY THIS COURT IN WRITING WHETHER SHE INTENDS TO PROCEED FURTHER WITH THIS LITIGATION, AND IF SO, WHETHER SHE WILL BE REPRESENTED BY AN ATTORNEY. UNLESS, WITHIN THAT 20-DAY PERIOD, A PLAINTIFF INFORMS THE COURT OF HER DESIRE TO CONTINUE WITH THIS LITIGATION, THE ACTION WILL BE DISMISSED WITH PREJUDICE AS TO THE PLAINTIFF, COUNSEL FOR THE DEFENDANTS IS DIRECTED TO SERVE A COPY OF THIS MEMORANDUM AND ORDER UPON EACH OF THE PLAINTIFFS AT HER RESIDENCE ADDRESS, BY PERSONAL SERVICE OR BY FIRST CLASS MAIL,AND PROMPTLY TO PROVIDE THIS COURT WITH PROOF OF SUCH SERVICE. SIGNED BY JUDGE JOHN P. FULLAM ON 12/4/06. 12/4/06 ENTERED AND COPIES MAILED, E-MAILED, FAXED BY CHAMBERS.(mac, ) Modified on 12/4/2006 (mac, ).
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| Filing 24 Exhibit to the Motion for a Rule 16 Conference filed by B. MAXWELL'S, INC.(mac, ) |
| Filing 23 MOTION Scheduling of a Rule 16 Conference filed by B. MAXWELL'S, INC..Certificate of Service.(DION, SAMUEL) |
| Filing 22 Defendant Nicholas Zoto's ANSWER to Complaint by NICHOLAS ZOTO with Affirmative Defenses, Certificate of Service. (COLLINS, PATRICIA) Modified on 10/20/2006 (np). |
| Filing 21 Answer and Affirmative defenses to Complaint filed by B. MAXWELL'S, INC., MICHAEL ZOTO, certificate of service.(mac, ) |
| Filing 20 TRANSCRIPT of Proceedings held on 3/9/06 before Judge FULLAM. Court Reporter: MICHAEL BAKER. HEARING (jl, ) |
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Filing 19
ORDER THAT DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT IS DENIED, DEFENDANT'S MOTION TO DISMISS COUNT I AND II IS GRANTED BECAUSE TITLE VII CLAIMS CANNOT BE BROUGHT AGAINST AN INDIVIDUAL SUPERVISOR. SIGNED BY JUDGE JOHN P. FULLAM ON 8/22/06.8/23/06 ENTERED AND COPIES MAILED AND FAXED. (mac, ) Modified on 12/1/2006 (mac, ). (ti, ).
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| Filing 18 MOTION to Dismiss and for a More Definite Statement filed by NICHOLAS ZOTO.Memorandum, Certificate of Service.(COLLINS, PATRICIA) |
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Filing 17
STIPULATION AND ORDER THAT PLAINTIFFS AGREE TO VOLUNTARILY WITHDRAW THEIR CLAIMS AGAINST DEFENDAN MICHAEL ZOTO ONLY, IN COUNTS I AND II OF THE COMPLAINT(TITLE VII CLAIMS) ONLY.. SIGNED BY JUDGE JOHN P. FULLAM ON 3/9/06. 3/10/06 ENTERED AND COPIES MAILED AND FAXED.(afm, ) (ti, ).
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Filing 16
ORDER THAT THE MOTION TO WITHDRAW IS GRANTED; ALL DEADLINES ARE STAYED FOR 90 DAYS TO ALLOW PLAINTIFF TO RETAIN NEW COUNSEL.. SIGNED BY JUDGE JOHN P. FULLAM ON 3/9/06. 3/10/06 ENTERED AND COPIES E-MAILED. FAXED BY CHAMBERS 3/9/06.(afm, )
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| Filing 15 Minute Entry for proceedings held before Judge JOHN P. FULLAM : Oral Argument/Motion to Withdraw as Counsel Hearing held on 3/9/06. Remarks by the Court. Counsel addressed the Court. The Court Grants the Motion to Withdraw as counsel. The case will be stayed for 90 days in order for plaintiffs to obtain new counsel. Court Reporter/ESR: Michael Baker. (mac, ) |
| Filing 14 Certificate of Service that on February 17, 2006, the Response to Motion to Withdraw was served by first class mail upon Plaintiff's counsel filed by B. MAXWELL'S, INC., MICHAEL ZOTO. (mac, ) Additional attachment(s) added on 3/2/2006 (mac, ). |
| Filing 13 NOTICE of Hearing: Oral Argument, re: Motion to Withdraw as Counsel rescheduled for 3/9/2006, 10:00 A.M. in COURTROOM 15-A before the HONORABLE JOHN P. FULLAM. (rbh) |
| Filing 12 Defendants' response to Plaintiffs' Motion to Withdraw filed by B. MAXWELL'S, INC., MICHAEL ZOTO, certificate of service. (mac, ) |
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Filing 11
ORDER THAT ORAL ARGUMENT ON THE MOTION TO WITHDRAW AS COUNSEL SHALL BE HELD ON MARCH 2, 2006 AT 1:30 P.M. IN COURTROOM 15A. PLAINTIFFS' COUNSEL IS DIRECTED TO SERVE A COPY OF THIS ORDER ON EACH OF THE PLAINTIFFS IN THIS CASE. SIGNED BY JUDGE JOHN P. FULLAM ON 2/21/06. 2/22/06 ENTERED AND COPIES E-MAILED.(mac, )
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| Filing 10 NOTICE of Appearance by PATRICIA COLLINS on behalf of NICHOLAS ZOTO (COLLINS, PATRICIA) |
| Filing 9 MOTION to Withdraw as Attorney to All Plaintiffs filed by DENISE AURELIA.certificate of Service.(HARRISON, MARDI) |
| Filing 8 CERTIFICATE OF SERVICE that on January 26, 2006, Defendants, B. MAXWELLS, INC. and MICHAEL ZOTO'S Motion to Dismiss, Motion for More Definite Statement, and Entry of Appearance of counsel was erved upon Defendant, Nicholas Zoto and his counsel, by first class mail filed by B. MAXWELL'S, INC. (mac, ) |
| Filing 7 MOTION FOR A MORE DEFINITE STATEMENT FILED BY B. MAXWELL'S, INC., MICHAEL ZOTO, BRIEF, CERTIFICATE OF SERVICE.(mac, ) Additional attachment(s) added on 2/1/2006 (mac, ). |
| Filing 6 MOTION TO DISMISS COUNTS I AND II OF DEFENDANT'S COMPLAINT FILED BY MICHAEL ZOTO,BRIEF, CERTIFICATE OF SERVICE.(mac, ) Additional attachment(s) added on 2/1/2006 (mac, ). |
| Filing 5 NOTICE of Appearance filed by SAMUEL A. DION on behalf of B. MAXWELL'S, INC., MICHAEL ZOTO. (mac, ) Additional attachment(s) added on 2/1/2006 (mac, ). |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER, JENN WALHEIM, KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE. B. MAXWELL'S, INC. waiver sent on 1/13/2006, answer due 3/14/2006. (mac, ) (ti, ). |
| Filing 3 WAIVER OF SERVICE Returned Executed filed by MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER, JENN WALHEIM, KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE. NICHOLAS ZOTO waiver sent on 12/28/2005, answer due 2/27/2006. (mac, ) (ti, ). |
| Filing 2 WAIVER OF SERVICE Returned Executed filed by MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER, JENN WALHEIM, KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE. MICHAEL ZOTO waiver sent on 1/2/2006, answer due 3/3/2006. (mac, ) (ti, ). |
| Filing 1 COMPLAINT against B. MAXWELL'S, INC., MICHAEL ZOTO, NICHOLAS ZOTO ( Filing fee $ 250 receipt number 923900.), filed by MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER, JENN WALHEIM, KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE.(ti, ) (ti, ). |
| Two Original Summons Issued as to B. MAXWELL'S, INC., MICHAEL ZOTO, NICHOLAS ZOTO. Forwarded To: Counsel on 12/08/05 (ti, ) Modified on 12/8/2005 (ti, ). |
| DEMAND for Trial by Jury by MELISSA RINKER, ZSUZSA MOHI YARRINGTON, LAURA DETWEILER, JENN WALHEIM, KAREN LAVERY, DENISE AURELIA, HYLIA JADE SYLVIA, KATE WYBLE. (ti, ) |
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