New York Northern District Court
Judge:Mae A D'Agostino
Referred: Daniel J Stewart
Case #: 1:22-cv-00586
Nature of Suit442 Civil Rights - Employment
Cause42:2000e Job Discrimination (Employment)
Case Filed:Jun 03, 2022
Terminated:Jan 03, 2024
Last checked: Wednesday Nov 30, 2022 3:26 AM EST
Defendant
Lori Birmingham
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Capital Region Orthopaedic Associates, P.C.
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Chloe Citone
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Leah Coiteux
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Sarah Garrett
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Margaret Hunt
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Kaitlyn Kline
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Justine Mulberry
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Jonathan Prosalik
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Defendant
Megan Vetter
Represented By
Christopher John Stevens
Nixon Peabody LLP
contact info
Daniel J. Hurteau
Nixon, Peabody Law Firm - Albany Office
contact info
Plaintiff
Synthia St. Louis
Represented By
Scott P. Quesnel
Girvin & Ferlazzo, P.C.
contact info
Megan Carbia
Girvin & Ferlazzo, P.C.
contact info


Docket last updated: 04/30/2025 11:59 PM EDT
Wednesday, January 03, 2024
43 43 2 pgs order Order Dismissing Case Wed 01/03 3:51 PM
Stipulation and ORDER OF DISCONTINUANCE. Signed by U.S. District Judge Mae A. D'Agostino on 1/3/2024. (ban)
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Tuesday, January 02, 2024
42 42 2 pgs misc Stipulation of Dismissal Tue 01/02 2:29 PM
STIPULATION of Dismissal by Synthia St. Louis submitted to Judge Daniel J. Stewart. (Quesnel, Scott)
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Thursday, December 07, 2023
41 41 order Order ~Util - Set Deadlines Thu 12/07 4:49 PM
TEXT ORDER: the court is in receipt of the docket #40 Status Report: Counsel is directed to update the Court further with a Status Report or Stipulation of Dismissal due by 12/31/2023. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/7/2023. (gmd)
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Tuesday, December 05, 2023
40 40 1 pgs misc Status Report Tue 12/05 4:06 PM
STATUS REPORT / JOINT LETTER ON SETTLEMENT STATUS to Hon. Daniel J. Stewart by Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Jonathan Prosalik. (Stevens, Christopher)
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Wednesday, November 15, 2023
minutes Settlement Conference ~Util - Set Deadlines Wed 11/15 1:33 PM
Text Minute Entry for a Settlement Conference held on 11/15/2023 before Magistrate Judge Daniel J. Stewart. The Court held settlement discussions with the parties in this matter. The parties were able to reach a settlement. Settlement was placed on the record. The parties are directed to file a status report or stipulation of dismissal in 30 days. Appearances: Cynthia St. Louis, plaintiff, and Scott P. Quesnel, Esq., for plaintiff; Dr. David Quinn, Christopher John Stevens, Esq., Daniel J. Hurteau., Esq., for defendants Capital Region Orthopaedic Associates, P.C., and Lori Birmingham, Leah Coiteux, Justine Mulberry, Jonathan Prosalik, Megan Vetter; Brienna Lauren Braman, Esq., for defendants Chloe Citone, Sarah Garrett, Kaitlyn Kline. [Digitally Recorded]. Time: 10:00 AM - 1:33 PM. (gmd)
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Monday, October 23, 2023
39 39 order Order ~Util - Set Deadlines/Hearings Mon 10/23 4:47 PM
TEXT ORDER SETTING SETTLEMENT CONFERENCE: IT IS HEREBY ORDERED that this matter is set for a Settlement Conference before the undersigned on November 15, 2023 at 10:00 AM at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY. The conference shall be attended, IN-PERSON, by lead counsel, any individual parties or a representative of the parties with full and final settlement authority . The parties are directed to submit a realistic demand and offer with a copy to be received by Chambers on 11/10/2023. Also, an ex parte statement setting forth the material facts of the case and the position of each party should be submitted to Chambers by 11/10/2023. This confidential statement shall not be filed with the Court Clerk or served upon opposing counsel. Submissions by email are permitted to Ganli Demyttenaere, Courtroom Deputy, at gdemytt@nynd.uscourts.gov. SO ORDERED by U.S. Magistrate Judge Daniel J. Stewart on 10/23/2023. (gmd)
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Monday, October 16, 2023
38 38 1 pgs motion Letter Request/Motion Mon 10/16 10:55 AM
Letter Request/ Letter Motion from Christopher J. Stevens, Esq. for Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Jonathan Prosalik requesting Settlement Conference submitted to Judge Daniel J. Stewart . (Stevens, Christopher)
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Friday, August 04, 2023
37 37 order Order on Letter Request Fri 08/11 2:37 PM
TEXT SCHEDULING ORDER granting34 Letter Request, requesting an extension of discovery and motion deadlines: Discovery due by 2/1/2024. Plaintiffs Expert Disclosure Deadline is 11/1/2023. Defendants Expert Disclosure Deadline is 12/18/2023. Rebuttal Expert Disclosure Deadline is 1/4/2024. Motions to be filed by 3/15/2024. So Ordered by Magistrate Judge Daniel J. Stewart on 8/4/2023. (gmd)
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36 36 notice Notice of Appearance Fri 08/04 1:25 PM
NOTICE OF APPEARANCE by Brienna L. Christiano on behalf of Leah Coiteux (Christiano, Brienna)
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35 35 notice Notice of Appearance Fri 08/04 1:17 PM
NOTICE OF APPEARANCE by Michael J Murphy on behalf of Leah Coiteux(Murphy, Michael)
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Att: 1 Consent to Change Attorney
Thursday, August 03, 2023
34 34 1 pgs motion Letter Request/Motion Thu 08/03 9:46 AM
Letter Motion from Michael J. Murphy, Esq. for Chloe Citone, Sarah Garrett, Kaitlyn Kline requesting an extension of discovery and motion deadlines submitted to Judge Daniel J. Stewart . (Murphy, Michael)
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Friday, July 21, 2023
33 33 notice Notice of Appearance Fri 07/21 2:52 PM
NOTICE OF APPEARANCE by Michael J Murphy on behalf of Sarah Garrett (Murphy, Michael)
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32 32 notice Notice of Appearance Fri 07/21 2:49 PM
NOTICE OF APPEARANCE by Michael J Murphy on behalf of Kaitlyn Kline (Murphy, Michael)
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31 31 notice Notice of Appearance Fri 07/21 2:46 PM
NOTICE OF APPEARANCE by Michael J Murphy on behalf of Chloe Citone (Murphy, Michael)
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Thursday, July 20, 2023
30 30 notice Notice of Appearance Thu 07/20 11:55 AM
NOTICE OF APPEARANCE by Brienna L. Christiano on behalf of Chloe Citone (Christiano, Brienna)
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29 29 3 pgs notice Notice - Other Thu 07/20 11:48 AM
NOTICE by Chloe Citone Consent to Change Attorney (Murphy, Michael)
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Monday, July 17, 2023
28 28 notice Notice of Appearance Mon 07/17 1:10 PM
NOTICE OF APPEARANCE by Brienna L. Christiano on behalf of Sarah Garrett (Christiano, Brienna)
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27 27 notice Notice of Appearance Mon 07/17 1:07 PM
NOTICE OF APPEARANCE by Brienna L. Christiano on behalf of Kaitlyn Kline (Christiano, Brienna)
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26 26 notice Notice - Other Mon 07/17 1:02 PM
NOTICE by Kaitlyn Kline Consent to Change Attorney (Murphy, Michael)
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25 25 notice Notice - Other Mon 07/17 11:28 AM
NOTICE by Sarah Garrett Consent to Change Attorney (Murphy, Michael)
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Wednesday, June 14, 2023
24 24 order Order on Letter Request Wed 06/14 11:52 AM
TEXT ORDER. A discovery dispute has arisen regarding Plaintiff's submission of certain Notices to Admit that relate to the accuracy and authenticity of audio recordings made by Plaintiff at her workplace. Those recordings contain allegedly inappropriate sexual statements. According to her counsel, the recordings were made by Plaintiff using her iPhone, from inside her cubicle, and captured statements made by two of the named Defendants. Defense counsel anticipates asking Plaintiff questions about the nature and circumstances of the recordings, and notes that his clients would not object to answering questions about the recordings at their deposition but wishes to preserve the argument that the recordings themselves were improperly obtained, and therefore should be precluded from any trial. Defense counsel therefore maintains that utilization of a Notice to Admit in these circumstances is not proper. The Court agrees that the better procedure is to conduct the depositions of the parties first, and if any issues remain that can be resolved through a notice to admit, they can be addressed at that time. Defendants Letter-Request to Strike the Notices to Admit at this time is therefore granted. SO ORDERED. Signed by Magistrate Judge Daniel J. Stewart on 6/14/2023. (Stewart, Daniel)
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minutes Pretrial Conference - Interim Wed 06/14 10:45 AM
Text Minute Entry for a Telephone Discovery Conference held on 6/14/2023 before Magistrate Judge Daniel J. Stewart. Court and counsel review issues as presented on the docket. Counsel advises on the status regarding scheduling of depositions. 10:20 AM - Court goes off the record to discuss settlement. Text Order to follow. Appearances: Scott P. Quesnel, Esq., for plaintiff(s); Christopher John Stevens, Esq., for defendant(s). [Court Reporter: Eileen McDonough]. Time: 10:00 AM 10:22 AM. (gmd)
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Wednesday, May 31, 2023
23 23 order Order ~Util - Set Hearings Wed 05/31 10:02 AM
TEXT ORDER: A telephone Discovery Conference is set for 6/14/2023 at 10:00 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 518-217-2288, and enter ID code 116 869 847 to connect to the conference. So Ordered by Magistrate Judge Daniel J. Stewart on 5/31/2023. (gmd)
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Friday, May 26, 2023
22 22 motion Letter Request/Motion Fri 05/26 12:00 PM
Letter Motion from Christopher J. Stevens, Esq. for Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Chloe Citone, Leah Coiteux, Sarah Garrett, Margaret Hunt, Kaitlyn Kline, Justine Mulberry, Jonathan Prosalik, Megan Vetter requesting Response to Pre-Motion Letter - DKT 20 submitted to Judge Hon. Daniel J. Stewart . (Stevens, Christopher)
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Friday, May 12, 2023
21 21 order Order ~Util - Set Deadlines Fri 05/12 10:25 AM
TEXT ORDER re Dkt. #20 Letter Motion requesting Pre-Motion Conference: Defendants are directed to file a Response to20 Letter Motion due by 5/26/2023. So Ordered by Magistrate Judge Daniel J. Stewart on 5/12/2023. (gmd)
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Wednesday, May 10, 2023
20 20 motion Letter Request/Motion Wed 05/10 5:12 PM
Letter Motion from Scott P. Quesnel, Esq. for Synthia St. Louis requesting Pre-Motion Conference submitted to Judge Daniel J. Stewart .(Quesnel, Scott)
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Att: 1 Ex. A,
Att: 2 Ex. B,
Att: 3 Ex. C,
Att: 4 Ex. D,
Att: 5 Ex. E,
Att: 6 Ex. F,
Att: 7 Ex. G,
Att: 8 Ex. H,
Att: 9 Ex. I,
Att: 10 Ex. J,
Att: 11 Ex. K,
Att: 12 Ex. L,
Att: 13 Ex. M,
Att: 14 Ex. N
Tuesday, February 28, 2023
19 19 misc Status Report Tue 02/28 1:36 PM
STATUS REPORT by Synthia St. Louis. (Quesnel, Scott)
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Tuesday, December 06, 2022
18 18 order Order ~Util - Set Deadlines Tue 12/06 4:30 PM
TEXT ORDER: The Court is in receipt of the Status Report filed on November 28, 2022. Dkt. No.17 . Counsel are directed to further advise as to the status of this matter by February 28, 2023. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/5/2022. (mab)
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Monday, November 28, 2022
17 17 1 pgs misc Status Report Mon 11/28 4:55 PM
STATUS REPORT by Synthia St. Louis. (Quesnel, Scott)
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Thursday, September 01, 2022
16 16 order Order Thu 09/01 11:31 AM
TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on August 30, 2022. The Court, sua sponte , exempts this matter from the Mandatory Mediation Program. SO ORDERED byMagistrate Judge Daniel J. Stewart on 9/1/2022. (mab)
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15 15 order Uniform Pretrial Scheduling Order Thu 09/01 11:29 AM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 9/29/2022. Amended Pleadings due by 9/29/2022. Discovery due by 8/30/2023. Plaintiff's Expert Disclosure Deadline is 6/1/2023. Defendants' Expert Disclosure Deadline is 7/17/2023. Rebuttal Expert Disclosure Deadline is 7/31/2023. Motions to be filed by 9/29/2023. Status Report due by 11/30/2022. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 9/1/2022. (mab)
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Tuesday, August 30, 2022
minutes Pretrial Conference - Initial Thu 09/01 11:26 AM
Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 8/30/2022. Appearances: Scott Quesnel, Esq. and Megan Carbia, Esq. for Plaintiff; Christopher Stevens, Esq. for Defendants. The Court hears from counsel as to their positions in this matter and as to how they intend to proceed. The Court discusses the Mandatory Mediation Program. Plaintiff does not have a specific demand at this time, but counsel agree that early mediation would be best and would prefer to participate in a settlement conference with Judge Stewart. The case is OPTED OUT of the Court's Mandatory Mediation Program. Counsel to advise the Court as to when the parties are prepared to schedule a settlement conference. Deadlines set. A Scheduling Order will be issued. (TIME: 9:25AM-9:36AM). (mab)
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Friday, August 26, 2022
14 14 notice Notice - Other Fri 08/26 9:44 AM
TEXT NOTICE: The Rule 16 Initial Conference in this matter is set for 8/30/2022 at 9:30 AM before Magistrate Judge Daniel J. Stewart. Counsel are to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. (mab)
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Tuesday, August 23, 2022
13 13 7 pgs misc Civil Case Management Plan Tue 08/23 2:01 PM
CIVIL CASE MANAGEMENT PLAN by Synthia St. Louis. (Quesnel, Scott)
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Monday, August 15, 2022
12 12 1 pgs notice Notice of Appearance Mon 08/15 11:47 AM
NOTICE of Appearance by Megan Carbia on behalf of Synthia St. Louis (Carbia, Megan)
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Wednesday, August 10, 2022
11 11 1 pgs misc FRCP 7.1 Corporate Disclosure Statement Wed 08/10 11:54 AM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Capital Region Orthopaedic Associates, P.C.. (Hurteau, Daniel)
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Friday, August 05, 2022
10 10 notice Notice of Appearance Fri 08/05 3:22 PM
NOTICE of Appearance by Christopher John Stevens on behalf of All Defendants (Stevens, Christopher)
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9 9 12 pgs answer Answer to Complaint Fri 08/05 2:36 PM
ANSWER to1 Complaint, by Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Chloe Citone, Leah Coiteux, Sarah Garrett, Margaret Hunt, Kaitlyn Kline, Justine Mulberry, Jonathan Prosalik, Megan Vetter.(Hurteau, Daniel)
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Tuesday, July 12, 2022
8 8 order Order ~Util - Set/Reset Answer Deadlines Tue 07/12 4:27 PM
TEXT ORDER: Based upon the Stipulation filed on July 11, 2022, Dkt. No.7 , the deadline in which all Defendants are to file an Answer or otherwise respond to the Complaint in this matter is extended to August 5, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/12/2022. (mab)
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Monday, July 11, 2022
7 7 misc Stipulation Mon 07/11 10:48 AM
STIPULATION to Extend Time by Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Chloe Citone, Leah Coiteux, Sarah Garrett, Margaret Hunt, Kaitlyn Kline, Justine Mulberry, Jonathan Prosalik, Megan Vetter submitted to Judge Daniel Stewart. (Stevens, Christopher)
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Thursday, July 07, 2022
6 6 service Affidavit of Service Thu 07/07 11:48 AM
AFFIDAVIT of Service for Complaint, Summons for Mulberry, General Order #25, Individual Rules of Practice of Judge D'Agostino served on Christopher Stevens, Esq. on July 6, 2022, filed by Synthia St. Louis. (Quesnel, Scott)
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utility Set/Reset Answer Deadline Thu 07/07 1:03 PM
***Answer due date updated for Justine Mulberry answer due 7/27/2022. (gmd, )
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Wednesday, July 06, 2022
utility Set/Reset Answer Deadline Wed 07/06 12:16 PM
***Answer due date updated for Lori Birmingham answer due 7/21/2022; Capital Region Orthopaedic Associates, P.C. answer due 7/21/2022; Chloe Citone answer due 7/21/2022; Leah Coiteux answer due 7/21/2022; Sarah Garrett answer due 7/21/2022; Margaret Hunt answer due 7/21/2022; Kaitlyn Kline answer due 7/21/2022; Jonathan Prosalik answer due 7/21/2022; Megan Vetter answer due 7/21/2022. (gmd, )
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Friday, July 01, 2022
5 5 service Affidavit of Service Fri 07/01 11:58 AM
AFFIDAVIT of Service for Complaint, Summons for CROA, Birmingham, Citone, Cioteux, Garrett, Hunt, Kline, Prosalik, Vetter, General Order #25, Individual Rules of Practice of Judge D'Agostino served on Christopher Stevens, Esq. on June 30, 2022, filed by Synthia St. Louis. (Quesnel, Scott)
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Monday, June 06, 2022
3 3 misc G.O. 25 Filing Order Mon 06/06 3:29 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/30/2022 at 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/23/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
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2 2 service Summons Issued Mon 06/06 3:27 PM
Summonses Issued as to Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Chloe Citone, Leah Coiteux, Sarah Garrett, Margaret Hunt, Kaitlyn Kline, Justine Mulberry, Jonathan Prosalik, Megan Vetter.(hmr)
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Att: 1 Summons Issued for Lori Birmingham,
Att: 2 Summons Issued for Chloe Citone,
Att: 3 Summons Issued for Leah Coiteux,
Att: 4 Summons Issued for Sarah Garrett,
Att: 5 Summons Issued for Margaret Hunt,
Att: 6 Summons Issued for Kaitlyn Kline,
Att: 7 Summons Issued for Justime Mulberry,
Att: 8 Summons Issued for Jonathan Prosalik,
Att: 9 1 pgs Summons Issued for Megan Vetter
notice Notice Regarding Judge D'Agostino Case Disposition Pilot (Text-Only) Mon 06/06 3:30 PM
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf . (hmr)
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Friday, June 03, 2022
1 1 22 pgs cmp Complaint Mon 06/06 3:21 PM
COMPLAINT with Jury Demand against Lori Birmingham, Capital Region Orthopaedic Associates, P.C., Chloe Citone, Leah Coiteux, Sarah Garrett, Margaret Hunt, Kaitlyn Kline, Justine Mulberry, Jonathan Prosalik, Megan Vetter (Filing fee $402 receipt number ANYNDC-5925703) filed by Synthia St. Louis.(hmr)
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Att: 1 2 pgs Exhibit A - EEOC Dismissal & Notice of Rights,
Att: 2 1 pgs Civil Cover Sheet