Tumilowicz v. Unadilla Valley Central School District
| New York Northern District Court | |
| Judge: | Elizabeth C Coombe |
| Referred: | Miroslav Lovric |
| Case #: | 3:24-cv-00692 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:2000e Job Discrimination (Employment) |
| Case Filed: | May 21, 2024 |
| Terminated: | Mar 10, 2025 |
| Last checked: Sunday Nov 17, 2024 4:05 AM EST |
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Defendant
Unadilla Valley Central School District
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Represented By
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Plaintiff
Dawn Tumilowicz
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Represented By
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| Docket last updated: 4 hours ago |
| Monday, March 10, 2025 | ||
| 33 | 33
1
pgs
order
Order Dismissing Case ~Util - Set/Clear Flags
Mon 03/10 3:20 PM
STIPULATION OF VOLUNTARY DISMISSAL. Signed by U.S. District Judge Elizabeth C. Coombe on 3/10/2025. (kmc) |
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| 32 | 32
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pgs
misc
Stipulation of Dismissal
Mon 03/10 10:54 AM
STIPULATION of Dismissal by Dawn Tumilowicz submitted to Judge Elizabeth C. Coombe. (Morales, Vivianna) Modified on 3/10/2025.(kmc) |
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| Tuesday, January 28, 2025 | ||
| 31 | 31
order
Order ~Util - Set Deadlines
Tue 01/28 9:56 AM
TEXT ORDER re 30 Report of Mandatory Mediation: Counsel is directed to file a status report or stipulation of dismissal by 3/10/2025. SO ORDERED by Elizabeth C. Coombe on 1/28/2025.(kmc) |
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| Monday, January 27, 2025 | ||
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adr
ADR Completed
Mon 01/27 8:43 AM
ADR COMPLETED - CASE HAS SETTLED. Mediator Elena DeFio Kean terminated. The mediator and attorneys who attended the mediation session are asked to complete a survey with respect to the Mandatory Mediation Program. Attorneys for parties can access the survey at https://forms.office.com/g/AGz4E8EBVa. Mediators can access the survey at https://forms.office.com/g/pfQiD2e4jy. Any questions can be directed to the ADR Coordinator.(amt) |
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| Friday, January 24, 2025 | ||
| 30 | 30
adr
Report of Mandatory Mediation
Fri 01/24 1:40 PM
REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on January 23, 2025. Total Hours Spent by Mediator: 15.90; The outcome of Mandatory Mediation is: CASE HAS SETTLED. The Settlement Agreement and Stipulation for Dismissal are being prepared and will be submitted for the courts consideration. (Kean, Elena) |
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| 29 | 29
2
pgs
adr
Confidentiality Agreement
Fri 01/24 1:37 PM
CONFIDENTIALITY AGREEMENT (Kean, Elena) |
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| Wednesday, January 22, 2025 | ||
| 28 | 28
service
Certificate of Service
Wed 01/22 11:15 AM
CERTIFICATE OF SERVICE by Unadilla Valley Central School District re27 MOTION to Dismiss Human Rights Law claim(s) filed by Unadilla Valley Central School District. Motion returnable before Judge Hon. Elizabeth C. Coombe (Spagnoli, Charles) |
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| 27 | 27
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pgs
motion
Dismiss
Wed 01/22 11:14 AM
MOTION to Dismiss Human Rights Law claim(s) filed by Unadilla Valley Central School District. Motion returnable before Judge Hon. Elizabeth C. Coombe Response to Motion due by 2/12/2025. Reply to Response to Motion due by 2/19/2025 (Spagnoli, Charles) |
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Att: 1
2 pgs
Affirmation of Valerie Verry,
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Att: 2
4 pgs
Exhibit(s) A - notice of claim filed with summons and complaint,
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Att: 3
6 pgs
Memorandum of Law
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| Friday, January 17, 2025 | ||
| 26 | 26
order
Order Reassigning Case
Fri 01/17 1:33 PM
TEXT ORDER REASSIGNING CASE. Case reassigned to U.S. District Judge Elizabeth C. Coombe for all further proceedings. U.S. District Judge Glenn T Suddaby no longer assigned to case. SO ORDERED by Chief Judge Brenda K. Sannes on 1/17/2025. (kmc) |
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| Monday, December 30, 2024 | ||
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minutes
Telephone Conference
Mon 12/30 11:32 AM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a status conference was held on 12/30/2024, via Teams teleconference. The parties advised the Court as to the progress of discovery and the litigation. The Court reminded the parties as to the deadlines and schedules as set forth in Dkt. Nos. 20 & 21. Appearances: L. Pechman, Esq., for the Plaintiff; and K. Gavett, Esq., for the Defendant. (jdc ) |
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| Tuesday, December 17, 2024 | ||
| 25 | 25
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pgs
misc
Status Report
Tue 12/17 11:14 AM
STATUS REPORT Response to Court's Request by Unadilla Valley Central School District. (Gavett, Katherine) |
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| Wednesday, December 11, 2024 | ||
| 24 | 24
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pgs
notice
Notice - Other
Wed 12/11 6:10 PM
NOTICE by Dawn Tumilowicz regarding parties' selection of mediator (Morales, Vivianna) |
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| 23 | 23
adr
Stipulation Selecting Mediator
Wed 12/11 6:01 PM
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Elena DeFio Kean has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Katherine Gavett, Vivianna Morales and. Dated: 12/11/2024(Morales, Vivianna) |
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| Monday, December 09, 2024 | ||
| 22 | 22
order
Order ~Util - Add and Terminate Parties
Mon 12/09 12:11 PM
TEXT ORDER APPOINTING MEDIATOR: Based upon the parties' failure to comply with the Court's21 Order and 11/13/2024 Text Notice, the Court hereby appoints Kenneth Bobrow, Esq. to serve as Mediator for this action. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/9/2024. (amt) |
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| Wednesday, November 13, 2024 | ||
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notice
Notice - Other
Wed 11/13 1:21 PM
TEXT NOTICE TO COUNSEL: The court ordered deadline for the parties to select a mediator in this action has expired on 11/1/2024. See Dkt. No.21 . Please promptly select a mediator and then enter/complete the event "Civil Events/Mediation Documents/Stipulation Selecting Mediator" in CM/ECF. If the parties do not select a mediator and enter this event within the next seven (7) days, then the Court will appoint a mediator to this case for the parties. The deadline to complete mandatory mediation remains 1/31/2025. If the parties require an extension of the deadline to select a mediator and/or completion of mandatory mediation, then a letter motion requesting such relief must be filed in this action. (amt) |
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| Friday, October 04, 2024 | ||
| 21 | 21
2
pgs
order
Order Referring Case to Mandatory Mediation
Mon 10/07 10:51 AM
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 11/1/2024. Deadline for completion of Mandatory Mediation is 1/31/2025. Signed by Magistrate Judge Miroslav Lovric on 10/4/2024. (jdc ) |
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| 20 | 20
order
Uniform Pretrial Scheduling Order
Mon 10/07 10:50 AM
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5. Preferred Trial Location: Syracuse. Joinder of Parties due by 12/20/2024. Amended Pleadings due by 12/20/2024. Discovery due by 2/18/2025. Plaintiffs Expert Disclosure Deadline is 11/20/2024. Defendants Expert Disclosure Deadline is 1/6/2025. Rebuttal Expert Disclosure Deadline is 1/20/2025. Motions to be filed by 3/31/2025. Signed by Magistrate Judge Miroslav Lovric on 10/4/2024. (jdc ) |
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| 19 | 19
order
Order on Motion to Disqualify Counsel
Mon 10/07 10:33 AM
TEXT ORDER: For the reasons set forth on the record at the 10/4/2024 Hearing and also the reasons set forth in Response12 , Motion10 seeking to disqualify counsel is DENIED. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/4/2024. (jdc ) |
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| 18 | 18
order
Order ~Util - Set Deadlines/Hearings
Mon 10/07 10:23 AM
TEXT ORDER: On or before 12/16/2024, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 12/30/2024 at 11:00 AM, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/4/2024.(jdc ) |
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minutes
Discovery Hearing
Mon 10/07 10:19 AM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference and a Hearing was held on 10/4/2024. Pretrial deadlines were discussed and set. The Court also addressed Motion10 seeking to disqualify counsel and Response12 . The Court heard argument from both counsel. The Court rendered its decision and reasoning on the record. Motion10 is DENIED. A telephone conference is scheduled for 12/30/2024 at 11:00 AM, via Microsoft Teams Teleconferencing. Appearances: L. Pechman, Esq., for the Plaintiff; K. Gavett, Esq., for the Defendant; and FTR Recorded. (time: 2:30PM - 3:30PM) (jdc ) |
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| Wednesday, September 25, 2024 | ||
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order
Order on Letter Request
Wed 09/25 1:17 PM
TEXT ORDER: Letter Motions [15, 16] are GRANTED In Part and DENIED In Part insofar as and to the extent that the on the record Hearing scheduled for 10/1/2024 is RE-SCHEDULED for 10/4/2024 at 2:30 p.m., In Person, in Binghamton, New York. In Person appearances are required. The Court will address Motion10 and Response12 . SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/25/2024. (jdc ) |
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| 16 | 16
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pgs
motion
Letter Request/Motion
Wed 09/25 10:25 AM
Letter Motion from Katherine Gavett for Unadilla Valley Central School District requesting In Person Court Hearing submitted to Judge Lovric . (Gavett, Katherine) |
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| 15 | 15
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pgs
motion
Letter Request/Motion
Wed 09/25 9:46 AM
Letter Motion from Louis Pechman for Dawn Tumilowicz requesting Rescheduling of Conference submitted to Judge Miroslav Lovric . (Pechman, Louis) |
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| Monday, September 23, 2024 | ||
| 14 | 14
order
Order ~Util - Set Hearings
Mon 09/23 9:15 AM
TEXT ORDER: An on the record Hearing is scheduled for 10/1/2024 at 1:30 p.m., In Person, in Binghamton, New York. In Person appearances are required. The Court will address Motion10 and Response12 . SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/23/2024.(jdc ) |
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| Friday, September 20, 2024 | ||
| 13 | 13
service
Certificate of Service
Fri 09/20 4:42 PM
CERTIFICATE OF SERVICE by Unadilla Valley Central School District (Gavett, Katherine) |
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| 12 | 12
7
pgs
respm
Response in Opposition to Motion
Fri 09/20 4:34 PM
RESPONSE in Opposition re10 Motion to Disqualify Counsel, Katherine Gavett filed by Unadilla Valley Central School District.(Gavett, Katherine) |
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Att: 1
Affirmation Brenton Taylor
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| Thursday, September 12, 2024 | ||
| 11 | 11
1
pgs
misc
Status Report
Thu 09/12 5:00 PM
STATUS REPORT by Unadilla Valley Central School District. (Gavett, Katherine) |
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| Thursday, September 05, 2024 | ||
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misc
Clerk Correction of Docket Entry
Thu 09/05 5:18 PM
CLERK'S CORRECTION OF DOCKET ENTRY re10 Motion to Disqualify Counsel: A redacted copy of attachment 3 - Exhibit 1 to the Dkt. No.2 Declaration has been uploaded and attached to Docket No.10 . The unredacted copy of Exhibit 1 is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (hmr) |
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| Wednesday, September 04, 2024 | ||
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misc
Text Notice of Filing Deficiency
Wed 09/04 11:24 AM
TEXT NOTICE OF FILING DEFICIENCY as to Dawn Tumilowicz regarding the10 MOTION to Disqualify Counsel filed by Dawn Tumilowicz.. NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. ATTACHMENT 3 - FIRST PAGE OF EXHIBIT 1 CONTAINS A HOME ADDRESS AND A DATE OF BIRTH. Notice of Filing Deficiency Deadline 9/9/2024 (hmr) |
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| Friday, August 30, 2024 | ||
| 10 | 10
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pgs
motion
Disqualify Counsel
Fri 08/30 2:18 PM
MOTION to Disqualify Counsel filed by Dawn Tumilowicz. Response to Motion due by 9/20/2024 Motions referred to Miroslav Lovric. (Morales, Vivianna) |
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Att: 1
8 pgs
Memorandum of Law,
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Att: 2
1 pgs
Declaration,
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Att: 3
Exhibit(s),
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Att: 4
16 pgs
Exhibit(s)
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| Wednesday, August 21, 2024 | ||
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minutes
Pretrial Conference - Initial
Wed 08/21 8:03 AM
Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: at the initial conference held on 8/20/2024, Plaintiff advised that Plaintiff intended to file a motion to have counsel for Defendant disqualified in representing Defendant in this matter. The Court set a motion schedule. The Rule 16 conference is STAYED and will be reset once the disqualification issue is decided. Appearances: V. Morales, Esq., and L. Pechman, Esq., for the Plaintiff; and K. Gavett, Esq., for the Defendant. (jdc ) |
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| Tuesday, August 20, 2024 | ||
| 9 | 9
order
Order ~Util - Set Deadlines
Wed 08/21 8:08 AM
TEXT ORDER: Pursuant to the initial conference held on 8/20/2024, (1) Motion by Plaintiff seeking to disqualify counsel for Defendant in this matter shall be filed by 9/10/2024, (2) Defendant shall file a status report by 9/12/2024 advising as to whether counsel for Defendant is in trial and a reasonable proposal for deadline for filing of a response to the motion. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/20/2024.(jdc) |
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| Tuesday, August 13, 2024 | ||
| 8 | 8
misc
Civil Case Management Plan
Tue 08/13 4:28 PM
CIVIL CASE MANAGEMENT PLAN by Unadilla Valley Central School District. (Gavett, Katherine) |
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notice
Notice of Hearing
Tue 08/13 2:23 PM
NOTICE of Hearing: Initial Conference set for 8/20/2024 at 11:00AM is RESCHEDULED as to the TIME ONLY for 8/20/2024 at 4:00 PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Wednesday, June 19, 2024 | ||
| 7 | 7
12
pgs
answer
Answer to Complaint
Wed 06/19 2:00 PM
ANSWER to1 Complaint by Unadilla Valley Central School District.(Gavett, Katherine) |
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| Wednesday, June 05, 2024 | ||
| 6 | 6
1
pgs
notice
Notice of Appearance
Wed 06/05 4:11 PM
NOTICE OF APPEARANCE by Vivianna Morales on behalf of Dawn Tumilowicz (Morales, Vivianna) |
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| Tuesday, June 04, 2024 | ||
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utility
Set/Reset Answer Deadline
Tue 06/04 12:19 PM
***Answer due date updated for Unadilla Valley Central School District answer due 6/20/2024. (hmr) |
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| Monday, June 03, 2024 | ||
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service
Affidavit of Service
Mon 06/03 10:46 AM
AFFIDAVIT of Service for SUMMONS AND COMPLAINT, EXHIBIT(S). JURY TRIAL DEMANDED, CIVIL CASE ASSIGNMENT & FILING ORDER served on VALERIE VERRY, DISTRICT CLERK OF UNADILLA VALLEY SCHOOL DISTRICT on 5/30/2024, filed by Dawn Tumilowicz. (Pechman, Louis) |
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| Thursday, May 23, 2024 | ||
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notice
Notice - Other
Thu 05/23 12:12 PM
TEXT NOTICE: The initial Conference set for 8/20/2024 at 11:00AM before Magistrate Judge Miroslav Lovric will be held via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
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| Wednesday, May 22, 2024 | ||
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pgs
notice
Notice of Admission Requirement
Wed 05/22 2:29 PM
NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Vivianna Morales, Email address is morales@pechmanlaw.com. Phone number is 212-583-9500. Admissions due by 6/5/2024. (hmr) |
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| 3 | 3
15
pgs
misc
G.O. 25 Filing Order
Wed 05/22 2:27 PM
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/20/2024 at 11:00 AM via Telephone Conference before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/13/2024. (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
2
pgs
service
Summons Issued
Wed 05/22 2:25 PM
Summons Issued as to Unadilla Valley Central School District. (hmr) |
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misc
Docket Annotation
Wed 05/22 2:32 PM
Copy of the Dkt. No.4 Notice of Admission Requirement, along with a courtesy copy of the Dkt. No.3 G.O. 25 Filing Order were emailed to Attorney Morales on 5/22/2024. (hmr) |
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| Tuesday, May 21, 2024 | ||
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25
pgs
cmp
Complaint
Wed 05/22 2:24 PM
COMPLAINT with Jury Demand against Unadilla Valley Central School District (Filing fee $405 receipt number ANYNDC-6739364) filed by Dawn Tumilowicz.(hmr) |
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Att: 1
4 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B,
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Att: 3
5 pgs
Exhibit C,
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Att: 4
2 pgs
Civil Cover Sheet
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