Cognizant Worldwide Limited et al v. Barrett Business Services Inc
| Cognizant Technology Solutions US Corporation and Cognizant Worldwide Limited |
| Barrett Business Services Inc |
| 2:2019cv01848 |
| November 14, 2019 |
| US District Court for the Western District of Washington |
| John C Coughenour |
| Michelle L Peterson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 54 AMENDED ANSWER to #1 Complaint, with Jury Demand Affirmative Defenses, COUNTERCLAIM (BBSI's Amended Answer to Complaint, Affirmative Defenses and Counterclaims) against plaintiff Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited by Barrett Business Services Inc. (Pederson, Peter) |
Filing 53
ORDER granting parties' #52 Stipulated Motion Extending Time for Answer or Motion. Plaintiffs shall file their responsive pleading on or before January 13, 2020. Signed by Hon. Michelle L. Peterson. (TH)
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| Filing 52 Joint Stipulated MOTION Extending Time for Answer or Motion, filed by Plaintiffs Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited. (Attachments: #1 Proposed Order) Noting Date 12/31/2019, (Hetherington, Andrew) |
| Filing 51 RESPONSE by Plaintiffs Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited re #50 Notice of Pendency of Other Action (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hetherington, Andrew) |
| Filing 50 NOTICE of Pendency of Other Action in Superior Court of California, San Francisco County, case number in other court CGC-19-572474 ; filed by Counter Claimant Barrett Business Services Inc, Defendant Barrett Business Services Inc. (Pederson, Peter) |
| Filing 49 DEMAND for JURY TRIAL by Counter Claimant Barrett Business Services Inc, Defendant Barrett Business Services Inc (Pederson, Peter) |
| Filing 48 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Barrett Business Services Inc (Pederson, Peter) |
| Filing 47 ANSWER to #1 Complaint, Affirmative Defenses,, COUNTERCLAIM (Barrett Business Services, Inc.'s Answer to Complaint, Affirmative Defenses and Counterclaims) against plaintiff Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited by Barrett Business Services Inc.(Pederson, Peter) |
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Filing 46
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 1/24/2020, FRCP 26f Conference Deadline is 1/3/2020, Initial Disclosure Deadline is 1/17/2020, by Hon. Michelle L. Peterson. (TF)
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| Filing 45 MINUTE ORDER REASSIGNING CASE by Clerk William M McCool. Case reassigned to U.S. District Judge John C Coughenour and referred to Hon. Michelle L. Peterson pursuant to Local Rule MJR 6 and General Order 02-19. (TF) |
| Filing 44 NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 12/18/2019. Please Note: Forms must not be electronically filed with the Court. (TF) |
| Filing 43 NOTICE of Appearance by attorney Peter E Pederson on behalf of Defendant Barrett Business Services Inc. (Pederson, Peter) |
| Attorney John Cadagan for Cognizant Technology Solutions US Corporation,John Cadagan for Cognizant Worldwide Limited added; per #40 Notice of Appearance. (TH) |
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Filing 42
ORDER re #39 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew C Shen for Cognizant Technology Solutions US Corporation and Cognizant Worldwide Limited, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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Filing 41
ORDER re #38 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andrew M Hetherington for Cognizant Technology Solutions US Corporation and Cognizant Worldwide Limited, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA)
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| Filing 40 NOTICE of Appearance by attorney Jeffrey M Thomas on behalf of Plaintiffs Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited. (Thomas, Jeffrey) |
| Filing 39 APPLICATION OF ATTORNEY Andrew C. Shen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited (Fee Paid) Receipt No. 0981-6027234 (Thomas, Jeffrey) |
| Filing 38 APPLICATION OF ATTORNEY Andrew M. Hetherington FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Cognizant Technology Solutions US Corporation, Cognizant Worldwide Limited (Fee Paid) Receipt No. 0981-6027216 (Thomas, Jeffrey) |
| Filing 37 LETTER from Clerk to counsel re receipt of case from District of New York Southern and advising of WAWD case number and judge assignment. (GT) |
| Filing 36 Case transferred in from District of New York Southern, Case Number 1:19-cv-01664. |
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Filing 35
CONSENT ORDER TRANSFERRING VENUE: Before the Court is the Parties' November 13, 2019 joint letter stipulating to the entry of an order to transfer this action to the United States District Court for the Western District of Washington, Seattle Division, pursuant to 28 U.S.C. 1404(a). All Parties agree and consent to venue and the exercise of personal jurisdiction in that district and division. The parties have expressly reserved their respective arguments regarding whether Washington or New York law should apply to the present dispute. Accordingly, in the interest of justice, the Clerk of Court is directed to transfer the case to the United States District Court for the Western District of Washington, Seattle Division, without delay. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/14/2019) (ks) [Transferred from nysd on 11/14/2019.]
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| Hon. Michelle L. Peterson added. (GT) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Washington (ks) [Transferred from nysd on 11/14/2019.] |
| Filing 34 JOINT LETTER addressed to Judge Gregory H. Woods from All Parties dated November 13, 2019 re: Consent to Transfer. Document filed by Cognizant Technology Solutions U.S. Corporation, Cognizant Worldwide Limited. (Attachments: #1 Text of Proposed Order)(Hetherington, Andrew) [Transferred from nysd on 11/14/2019.] |
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Filing 33
MEMO ENDORSEMENT on #32 JOINT LETTER denying without prejudice to renewal #21 Motion to Dismiss. ENDORSEMENT: Application granted in part. As discussed on the record on July 10, 2019, the Court is unable to resolve the pending motion to dismiss due to the ambiguous language of the pertinent contractual provisions without additional evidence as to the intent of the contracting parties. Accordingly, the motion pending at Dkt. No. 21 is denied without prejudice to renewal. The parties are granted leave to engage in limited purpose discovery. Limited purpose discovery will commence on October 7, 2019 and close on December 2, 2019. The Court anticipates that BBSI will submit a letter requesting leave to serve a renewed motion to dismiss no later than December 9, 2019. The Court understands that that resolving the anticipated motion may require that the Court hold a hearing, and expects that the pre-motion letter will contain the parties' views on the necessity and structure of such a hearing. The Court declines to set a briefing schedule at this time, and anticipates setting a briefing schedule for the anticipated motion to dismiss with the benefit of the pre-motion letter described above. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 21. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/18/2019) (anc) [Transferred from nysd on 11/14/2019.]
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| Set/Reset Deadlines: Discovery due by 12/2/2019. (anc) [Transferred from nysd on 11/14/2019.] |
| Filing 32 JOINT LETTER addressed to Judge Gregory H. Woods from All Parties dated July 17, 2019 re: Proposal Regarding Limited Discovery. Document filed by Cognizant Technology Solutions U.S. Corporation, Cognizant Worldwide Limited.(Shen, Andrew) [Transferred from nysd on 11/14/2019.] |
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Filing 31
ORDER. On July 10, 2019 the Court held a teleconference to discuss the pending motion to dismiss. For the reasons articulated on the record at that teleconference, the Court cannot resolve the pending motion without additional evidence. As discussed at the conference. the parties are directed to submit a joint letter, no later July 17, 2019, proposing a process for the necessary discovery and fact-finding, or, in the alternative, informing the Court that this issue will be resolved by stipulation. (HEREBY ORDERED by Judge Gregory H. Woods on July 12, 2019) (Text Only Order)(Daniels, Anthony) [Transferred from nysd on 11/14/2019.]
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/10/2019. (Daniels, Anthony) [Transferred from nysd on 11/14/2019.] |
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Filing 30
ORDER. The Court will hold a teleconference to discuss the pending motion to dismiss on July 10, 2019 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on July 8, 2019) (Text Only Order)(Daniels, Anthony) [Transferred from nysd on 11/14/2019.]
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| Filing 29 AFFIDAVIT OF SERVICE of Reply Memorandum of Law served on Andrew M. Hetherington, Esq. and Andrew C. Shen on May 28, 2019. Document filed by Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 28 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 27 DECLARATION of Andrew C. Shen in Opposition re: #21 MOTION to Dismiss .. Document filed by Cognizant Technology Solutions U.S. Corporation, Cognizant Worldwide Limited. (Attachments: #1 Exhibit 1 to Declaration of Andrew C. Shen, #2 Exhibit 2 to Declaration of Andrew C. Shen)(Shen, Andrew) [Transferred from nysd on 11/14/2019.] |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss . . Document filed by Cognizant Technology Solutions U.S. Corporation, Cognizant Worldwide Limited. (Attachments: #1 Text of Proposed Order)(Shen, Andrew) [Transferred from nysd on 11/14/2019.] |
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court's Individual Rules of Practice in Civil Cases ("Individual Rules"), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days of the date on which the Answer is served. All fact discovery shall be completed no later than six months following the Benchmark Date. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by no later than six months following the Benchmark Date. All expert discovery shall be completed no later than 45 days following the date on which Fact Discovery closes. Motions for summary judgment, if any, shall be filed no later than 30 days following the date in set by paragraph 8(b). The joint pretrial order shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 21 days from the Court's decision on such motion. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is five days. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/3/2019) (anc) [Transferred from nysd on 11/14/2019.]
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| Filing 24 AFFIDAVIT OF SERVICE of Motion to Dismiss served on Andrew M. Hetherington, Esq. and Andrew C. Shen on April 29, 2019. Service was made by Mail. Document filed by Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 23 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 22 DECLARATION of Concepcion Montoya in Support re: #21 MOTION to Dismiss .. Document filed by Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 21 MOTION to Dismiss . Document filed by Barrett Business Services, Inc.. Responses due by 5/20/2019(Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 4/25/2019. (Court Reporter Kelly Surina) (Daniels, Anthony) [Transferred from nysd on 11/14/2019.] |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) [Transferred from nysd on 11/14/2019.] |
| Filing 19 TRANSCRIPT of Proceedings re: conference held on 4/8/2019 before Judge Gregory H. Woods. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/15/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/23/2019.(McGuirk, Kelly) [Transferred from nysd on 11/14/2019.] |
| Filing 18 JOINT LETTER addressed to Judge Gregory H. Woods from All Parties dated April 18, 2019 re: Joint Letter in anticipation of initial pre-trial conference. Document filed by Barrett Business Services, Inc..(Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
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Filing 17
ORDER. As discussed during the April 8, 2019 teleconference, Defendant is granted leave to serve a motion to dismiss or transfer this case no later than April 29, 2019. Plaintiffs' opposition is due no later than three weeks following the date Defendant's motion is served. Defendant's reply, if any, is due no later than one week following the date Plaintiffs' opposition is served. (HEREBY ORDERED by Judge Gregory H. Woods on April 9, 2019) (Text Only Order)(Daniels, Anthony) [Transferred from nysd on 11/14/2019.]
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/8/2019. (Court Reporter Steven Griffing) (Daniels, Anthony) [Transferred from nysd on 11/14/2019.] |
| Filing 16 LETTER addressed to Judge Gregory H. Woods from Andrew C. Shen dated April 5, 2019 re: Response to BBSI April 3, 2019 Letter Request for a Pre-Motion Conference. Document filed by Cognizant Technology Solutions U.S. Corporation, Cognizant Worldwide Limited.(Shen, Andrew) [Transferred from nysd on 11/14/2019.] |
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Filing 15
ORDER granting #14 Letter Motion for Conference. Application granted. The Court will hold a pre-motion conference to discuss the issues raised in this letter on April 8, 2019 at 4:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Pre-Motion Conference set for 4/8/2019 at 04:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/4/2019) (mro) [Transferred from nysd on 11/14/2019.]
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| Filing 14 LETTER MOTION for Conference regarding Pre-Motion Letter to Dismiss the Complaint addressed to Judge Gregory H. Woods from Concepcion A. Montoya dated April 3, 2019. Document filed by Barrett Business Services, Inc..(Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer. Application granted. The deadline to answer or otherwise respond to the complaint is extended to April 5, 2019. SO ORDERED. (Barrett Business Services, Inc. answer due 4/5/2019.) (Signed by Judge Gregory H. Woods on 3/8/2019) (anc) [Transferred from nysd on 11/14/2019.]
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Gregory H. Woods from Concepcion A. Montoya dated March 8, 2019. Document filed by Barrett Business Services, Inc..(Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 11 NOTICE OF APPEARANCE by Concepcion A. Montoya on behalf of Barrett Business Services, Inc.. (Montoya, Concepcion) [Transferred from nysd on 11/14/2019.] |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cognizant Technology Solutions Corporation, Corporate Parent Cognizant Domestic Holdings Corporation for Cognizant Technology Solutions U.S. Corporation. Document filed by Cognizant Technology Solutions U.S. Corporation.(Hetherington, Andrew) [Transferred from nysd on 11/14/2019.] |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cognizant Technology Solutions Corporation, Corporate Parent Cognizant Holdings UK Limited, Corporate Parent Cognizant International Holdings Corporation for Cognizant Worldwide Limited. Document filed by Cognizant Worldwide Limited.(Hetherington, Andrew) [Transferred from nysd on 11/14/2019.] |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/25/2019 at 04:00 PM in Courtroom 12C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods, and as further set forth in this Order. So ordered. (Signed by Judge Gregory H. Woods on 2/28/2019) (rjm) [Transferred from nysd on 11/14/2019.]
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew M. Hetherington to RE-FILE Document #5 Rule 7.1 Corporate Disclosure Statement, #6 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) [Transferred from nysd on 11/14/2019.] |
| Filing 7 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Erin Richardson. Document filed by Cognizant Worldwide Limited, Cognizant Technology Solutions U.S. Corporation. (Hetherington, Andrew) [Transferred from nysd on 11/14/2019.] |
| Filing 6 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cognizant Technology Solutions Corporation for Cognizant Technology Solutions U.S. Corporation. Document filed by Cognizant Technology Solutions U.S. Corporation.(Hetherington, Andrew) Modified on 2/28/2019 (ldi). [Transferred from nysd on 11/14/2019.] |
| Filing 5 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cognizant Technology Solutions Corporation for Cognizant Worldwide Limited. Document filed by Cognizant Worldwide Limited.(Hetherington, Andrew) Modified on 2/28/2019 (ldi). [Transferred from nysd on 11/14/2019.] |
| Filing 4 SEALED DOCUMENT placed in vault.(mhe) [Transferred from nysd on 11/14/2019.] |
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Filing 3
PROTECTIVE ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO SEAL PORTIONS OF COMPLAINT AND EXHIBITS (Signed by Judge Paul A. Engelmayer on 2/22/2019) (pc) (pc). [Transferred from nysd on 11/14/2019.]
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| Filing 2 CIVIL COVER SHEET filed. (pc) (pne). [Transferred from nysd on 11/14/2019.] |
| Filing 1 COMPLAINT against Barrett Business Services, Inc.. (Filing Fee $ 400.00, Receipt Number 465401229488)Document filed by Cognizant Worldwide Limited, Cognizant Technology Solutions U.S. Corporation.(pc) (Additional attachment(s) added on 2/25/2019: #1 Exhibit 1, #2 Exhibit 2) (pne). [Transferred from nysd on 11/14/2019.] |
| Case Designated ECF. (pc) [Transferred from nysd on 11/14/2019.] |
| Magistrate Judge Debra C. Freeman 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: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from nysd on 11/14/2019.] |
| SUMMONS ISSUED as to Barrett Business Services, Inc.. (pc) [Transferred from nysd on 11/14/2019.] |
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