Mahone v. Amazon.com Inc
| Yasmine Mahone, Dain Olson and Brandon Tole |
| Amazon.com, Inc., Amazon.com Inc, Amazon.com Services LLC, Amazon.com.dedc LLC and Amazon.com.kydc LLC |
| 2:2022cv00594 |
| May 4, 2022 |
| US District Court for the Western District of Washington |
| Richard A Jones |
| Marsha J Pechman |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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Filing 58
CASE SCHEDULING ORDER: 7-10 day Jury Trial is set for 9/2/2024 at 9:00 AM before Judge Marsha J. Pechman. Class Discovery completed by 7/21/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/6/2024, Motions related to discovery due by 3/7/2024, Fact Discovery completed by 4/8/2024, Dispositive motions due by 5/6/2024, Motions in Limine due by 7/30/2024, Agreed Pretrial Order due by 8/21/2024, Trial briefs, proposed voir dire questions, and proposed jury instructions to be submitted by 8/21/2024, Pretrial Conference set for 8/27/2024 at 1:00 PM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (SB)
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Filing 57
ORDER denying Defendants' #45 Motion to Dismiss Second Amended Complaint. Signed by Judge Marsha J. Pechman. (SB)
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Filing 56
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: LACHES. The Court DISMISSES Olson's claims under the doctrine of laches, given that he unreasonably delayed in prosecuting them and Amazon faces a substantial evidentiary prejudice if it is forced to litigate the stale claims. Signed by Judge Marsha J. Pechman. (LH)
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Filing 55
MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Grant Cogswell; Pla Counsel: Gene Stonebarger; Def Counsel: Lauren Blas, Brian Richman, Andrew Moriarty; CR: Sheri Schelbert; Time of Hearing: 9:00AM; Courtroom: Zoom;Evidentiary Hearing held on 4/5/2023. The parties make opening statements. Defense witnesses Dain Olson, Amanda Bania, and Christopher Sherry are sworn and testify. Exhibits 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 16, and 17 are admitted. Closing arguments are heard. The Court takes this matter under consideration advisement and will issue a ruling by the close of business on Monday, April 10th, 2023. (GC) Modified on 4/6/2023 (GC).
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Filing 54
DECLARATION of Christopher Sherry re #52 Brief,, by All Defendants (Richman, Brian)
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Filing 53
DECLARATION of Amanda Bania re #52 Brief,, by All Defendants (Richman, Brian)
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Filing 52
Pre-Hearing BRIEF re #43 Order,, Set Deadlines/Hearings, re Laches by All Defendants (Attachments: #1 Exhibit 1 - 2016 Dept of Labor Letter, #2 Exhibit 2 - WSHRC Complaint, #3 Exhibit 3 - Compl in Olson v. XPO Logistics, #4 Exhibit 4 - 2014 Dept of Labor Letter, #5 Exhibit 5 - 2015 Dept of Justice Letter, #6 Exhibit 6 - 2017 Dept of Labor Letter, #7 Exhibit 7 - Atty Agreement, #8 Exhibit 8 - Text Messages, #9 Exhibit 9 - Olson Deposition Tr.)(Blas, Lauren)
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Filing 51
RESPONSIVE BRIEF in Opposition to Laches Defense re #43 Order,, Set Deadlines/Hearings, by Plaintiffs Yasmine Mahone, Dain Olson, Brandon Tole. Oral Argument Requested (Lawler, Brian)
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Filing 50
REPLY, filed by Defendants Amazon.com Inc, Amazon.com Services LLC, Amazon.com.dedc LLC, Amazon.com.kydc LLC, TO RESPONSE to #45 MOTION to Dismiss Second Amended Complaint (Moriarty, Andrew)
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Filing 49
RESPONSE, by All Plaintiffs, to #45 MOTION to Dismiss Second Amended Complaint. (Attachments: #1 Exhibit Declaration of Yasmine Mahone, #2 Exhibit Declaration of Dain Olson, #3 Exhibit Declaration of Brandon Tole)(Stonebarger, Gene)
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Filing 48
STIPULATED PROTECTIVE ORDER. Signed by Judge Marsha J. Pechman. (SB)
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Filing 47
Stipulated MOTION for Protective Order , filed by Defendants Amazon.com Inc, Amazon.com Services LLC, Amazon.com.dedc LLC, Amazon.com.kydc LLC. (Attachments: #1 Redline Version of Model Protective Order) Noting Date 2/24/2023, (Moriarty, Andrew)
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Filing 46
DECLARATION of Lauren M. Blas filed by Defendants Amazon.com Inc, Amazon.com Services LLC, Amazon.com.dedc LLC, Amazon.com.kydc LLC re #45 MOTION to Dismiss Second Amended Complaint (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Moriarty, Andrew)
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Filing 45
MOTION to Dismiss Second Amended Complaint, filed by Defendants Amazon.com Inc, Amazon.com Services LLC, Amazon.com.dedc LLC, Amazon.com.kydc LLC. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 3/3/2023, (Moriarty, Andrew)
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Filing 44
Second AMENDED COMPLAINT FOR VIOLATIONS OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT, 38 U.S.C. 4301 ET SEQ. ~ CLASS ACTION against All Defendants with JURY DEMAND Attorney Gene J Stonebarger added to party Dain Olson(pty:pla), filed by Dain Olson, Yasmine Mahone.(Stonebarger, Gene)
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Filing 43
SCHEDULING ORDER re: LACHES. Parties' initial written discovery requests are due by 1/4/2023. Parties' responses to initial discovery requests are due by 2/3/2023. Parties' service of follow-up written discovery requests is due by 2/17/2023. Parties' responses to outstanding discovery requests are due by 3/15/2023. Pre-hearing Briefs are due by 3/24/2023. Deposition errata are due by 3/29/2023. Meet-and-Confer deadline is 3/29/2023. Signed by Judge Marsha J. Pechman. (LH)
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Filing 42
ORDER re Parties' #41 Stipulated MOTION to Extend Deadline to File Second Amended Complaint. Plaintiffs' deadline to file their Second Amended Complaint is extended to 1/4/2023. Signed by Judge Marsha J. Pechman. (SB)
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Filing 41
Stipulated MOTION TO EXTEND DEADLINE TO FILE SECOND AMENDED COMPLAINT, filed by Plaintiffs Yasmine Mahone, Dain Olson. Noting Date 12/22/2022, (Stonebarger, Gene)
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Filing 40
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: TBD. (Moriarty, Andrew)
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Filing 39
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/7/2022 before Judge Marsha J. Pechman.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.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. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Sheri Schelbert, sheri_schelbert@wawd.uscourts.gov Release of Transcript Restriction set for 3/20/2023, (Schelbert, Sheri)
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Filing 38
TRANSCRIPT REQUEST by Defendant Amazon.com Inc for proceedings held on 12/07/2022. Requesting Attorney: Shannon McDermott.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Sheri Schelbert (sheri_schelbert@wawd.uscourts.gov, 206-370-8507) to make payment arrangements and secure your desired delivery time. (McDermott, Shannon)
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Filing 37
ORDER granting Parties' #36 Stipulated MOTION to Extend Deadline to Respond to First Amended Complaint. Amazon's deadline to file a response is extended until 30 days after Plaintiffs amend their complaint. Signed by Judge Marsha J. Pechman. (SB)
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Filing 36
Stipulated MOTION to Extend Deadline to Respond to First Amended Complaint, filed by Defendant Amazon.com Inc. Noting Date 12/15/2022, (Moriarty, Andrew)
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Filing 35
MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Laurie Cuaresma; Pla Counsel: Brian Lawler, Gene Stonebarger, Daniel Kalish; Def Counsel: Lauren Blas, Andrew Moriarty, Brian Richman; CR: Sheri Schelbert; Time of Hearing: 9:00 AM; STATUS CONFERENCE held on 12/7/2022 (via ZOOM). Court discusses case status with counsel. Court directs counsel to submit discovery plan on issue of laches by 12/21/2022, and sets evidentiary hearing on 4/5/2023 at 09:00 AM [hearing will be conducted via remote/ZOOM video]. (LC)
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Filing 34
ORDER granting in part and denying in part Defendant's #28 Motion to Dismiss and #30 Request for Judicial Notice. Plaintiffs' claims in the First Amended Complaint suffer from several defects. First, Mahone lacks standing to pursue her claims because she has not identified any redressable injury. Second, neither Plaintiff has standing to pursue claims for reemployment, injunctive, or prospective declaratory relief. While Plaintiffs may be able to amend their claims for reemployment and Mahone's claim for liquidated damages, they cannot revive their claims for injunctive and prospective declaratory relief. The Court therefore GRANTS the Motion to Dismiss as to these claims. Except where expressly noted, the Court DISMISSES these claims WITH PREJUDICE. Should Plaintiffs wish to amend their complaint, they must do so within 21 days of entry of this Order. But the Court DENIES the Motion as to Olson's discrimination claim, which may proceed. Signed by Judge Marsha J. Pechman. (SB)
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Set Hearings: Status Conference set for 12/7/2022 at 09:00 AM before Judge Marsha J. Pechman. (GC)
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Filing 33
REPLY, filed by Defendant Amazon.com Inc, TO RESPONSE to #28 MOTION to Dismiss for Failure to State a Claim (Moriarty, Andrew)
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Filing 32
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: TBD. Filed by Defendant Amazon.com Inc.(Moriarty, Andrew)
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Filing 31
RESPONSE, by Plaintiffs Yasmine Mahone, Dain Olson, to #30 MOTION Defendant's Request for Judicial Notice In Support of Defendant's Motion to Dismiss re #28 MOTION to Dismiss for Failure to State a Claim , #28 MOTION to Dismiss for Failure to State a Claim . (Kalish, Daniel)
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Filing 30
MOTION Defendant's Request for Judicial Notice In Support of Defendant's Motion to Dismiss re #28 MOTION to Dismiss for Failure to State a Claim , filed by Defendant Amazon.com Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 10/21/2022, (Moriarty, Andrew) Modified on 9/26/2022 to strike through oral argument language per phone call from counsel (SB).
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Filing 29
DECLARATION of Lauren M. Blas filed by Defendant Amazon.com Inc re #28 MOTION to Dismiss for Failure to State a Claim (Moriarty, Andrew)
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Filing 28
MOTION to Dismiss for Failure to State a Claim , filed by Defendant Amazon.com Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 10/21/2022, (Moriarty, Andrew)
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Case Reassigned to Judge Marsha J. Pechman. (ST)
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Filing 27
ORDER re #24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian A Richman for Defendant Amazon.com Inc by Clerk Ravi Subramanian. 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). (JWC)
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Filing 26
ORDER re #23 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jason C Schwartz for Defendant Amazon.com Inc by Clerk Ravi Subramanian. 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). (JWC)
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Filing 25
ORDER re #22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lauren M Blas for Defendant Amazon.com Inc by Clerk Ravi Subramanian. 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). (JWC)
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Filing 24
APPLICATION OF ATTORNEY Brian A. Richman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7686878 (Moriarty, Andrew)
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Filing 23
APPLICATION OF ATTORNEY Jason C. Schwartz FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7686877 (Moriarty, Andrew)
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Filing 22
APPLICATION OF ATTORNEY Lauren M. Blas FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Amazon.com Inc (Fee Paid) Receipt No. AWAWDC-7686857 (Moriarty, Andrew)
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Filing 21
MINUTE ORDER (text only) granting #20 Stipulated MOTION for Extension of Time (Case Deadlines). Pursuant to the parties' agreement, the Court enters the following modified schedule: Defendant's deadline to respond to Plaintiff's Amended Complaint is extended to 9/23/2022. Deadline to conduct the Rule 26(f) conference is extended to 10/7/2022, deadline for counsel to serve initial disclosures is extended to 10/14/2022, Joint Status Report to be submitted by 10/21/2022. Authorized by Judge Richard A. Jones. (VE)
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Filing 20
Stipulated MOTION for Extension of Time (Case Deadlines), filed by Defendant Amazon.com Inc. Noting Date 8/16/2022, (Moriarty, Andrew)
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Filing 19
AMENDED COMPLAINT against defendant(s) Amazon.com Inc with JURY DEMAND, filed by Yasmine Mahone.(Lawler, Brian)
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Attorney Daniel Kalish added for Dain Olson; per #19 Amended Complaint. (SR)
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Filing 18
MINUTE ORDER (text only) granting #17 Stipulated MOTION TO EXTEND CASE DEADLINES. Pursuant to the parties' agreement, the Court enters the following modified schedule: Defendant's deadline to respond to Plaintiff's Complaint is extended to 8/11/2022. Deadline to conduct the Rule 26(f) conference is extended to 8/19/2022, deadline for counsel to serve initial disclosures is extended to 8/26/2022, Joint Status Report to be submitted by 9/2/2022. Authorized by Judge Richard A. Jones. (VE)
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Filing 17
Stipulated MOTION TO EXTEND CASE DEADLINES, filed by Defendant Amazon.com Inc. Noting Date 6/16/2022, (Shook, Heather)
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Filing 16
NOTICE of Appearance by attorney Shannon McDermott on behalf of Defendant Amazon.com Inc. (McDermott, Shannon)
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Filing 15
ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 7/5/2022, Initial Disclosure Deadline is 7/12/2022, Joint Status Report due by 7/19/2022, by Judge Richard A. Jones. (VE)
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Filing 14
MINUTE ORDER (text only) granting #13 Stipulated MOTION TO EXTEND DEADLINE TO FILE ANSWER OR OTHER RESPONSIVE PLEADING TO CLASS ACTION COMPLAINT. Amazon shall answer Plaintiff's Class Action Complaint by 6/27/2022. Authorized by Judge Richard A. Jones. (VE)
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Filing 13
Stipulated MOTION TO EXTEND DEADLINE TO FILE ANSWER OR OTHER RESPONSIVE PLEADING TO CLASS ACTION COMPLAINT, filed by Defendant Amazon.com Inc. Noting Date 5/24/2022, (Shook, Heather)
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Filing 12
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amazon.com Inc (Shook, Heather)
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Filing 11
NOTICE of Appearance by attorney Heather L Shook on behalf of Defendant Amazon.com Inc. (Shook, Heather)
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Attorney Andrew E. Moriarty added for Amazon.com Inc; per #11 Notice of Appearance. (SR)
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Filing 10
STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (VE)
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Filing 9
AFFIDAVIT of Service of Summons and Complaint on Amazon.com, Inc. on 5/5/2022, filed by Plaintiff Yasmine Mahone. (Kalish, Daniel)
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Filing 8
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kevin L Wilson for Plaintiff Yasmine Mahone by Clerk Ravi Subramanian. 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). (JWC)
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Filing 7
Summons(es) Electronically Issued as to defendant(s) Amazon.com Inc (JWC)
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Filing 6
ORDER re #3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gene J Stonebarger for Plaintiff Yasmine Mahone by Clerk Ravi Subramanian. 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). (JWC)
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Filing 5
ORDER re #2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brian J Lawler for Plaintiff Yasmine Mahone by Clerk Ravi Subramanian. 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). (JWC)
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Judge Richard A. Jones added. (JWC)
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Filing 4
APPLICATION OF ATTORNEY Kevin L. Wilson FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Yasmine Mahone (Fee Paid) Receipt No. AWAWDC-7540407 (Kalish, Daniel)
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Filing 3
APPLICATION OF ATTORNEY Gene J. Stonebarger FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Yasmine Mahone (Fee Paid) Receipt No. AWAWDC-7540406 (Kalish, Daniel)
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Filing 2
APPLICATION OF ATTORNEY Brian J. Lawler FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Yasmine Mahone (Fee Paid) Receipt No. AWAWDC-7540363 (Kalish, Daniel)
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Filing 1
COMPLAINT against defendant(s) Amazon.com, Inc. with JURY DEMAND Attorney Daniel Kalish added to party Yasmine Mahone(pty:pla), filed by Yasmine Mahone. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kalish, Daniel) (No Fee Required)
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