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10-2103 - Equal Employment Opportunity Commission v. JBS USA, LLC


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10-2103 - Equal Employment Opportunity Commission v. JBS USA, LLC
September 7, 2010
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ORDER: Scheduling Conference set for 11/16/2010 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 9/7/10. (Attachments: # (1) Attachment 1, # (2) Attachment 2, # (3) Attachment 3)(ebs, )
November 2, 2010
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Minute ORDER granting 9 Motion for Leave to Intervene as Party Plaintiffs. ORDERED that the Clerk is instructed to accept Plaintiffs Intervenors Complaint in Intervention for filing as of the date of this Minute Order by Magistrate Judge Kristen L. Mix on 11/02/10.(jjh, )
November 29, 2010
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MINUTE ORDER granting 30 Uncontested Motion for Leave to Intervene as Party Plaintiffs. The Clerk is instructed to accept Plaintiffs-Intervenors' Complaint in Intervention [Docket No. 30-1] for filing as of the date of this Minute Order, by Magistrate Judge Kristen L. Mix on 11/29/10.(ebs, )
January 10, 2011
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MINUTE ORDER granting 55 Plaintiffs-Intervenors' Motion to Amend Complaint Pursuant to Fed. R. Civ. P. 15(a). The 55-1 Amended Complaint in Intervention is accepted for filing as of today's date. Defendant shall answer or otherwise respond to the Amended Complaint in Intervention on or before 1/25/2011, by Magistrate Judge Kristen L. Mix on 1/10/11.(mnf, )
January 26, 2011
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MINUTE ORDER denying as moot 38 Defendant's Motion to Dismiss the Complaint in Intervention of plaintiffs-intervenors Iraq Abade, et al., by Judge Philip A. Brimmer on 1/26/11.(mnf, )
February 7, 2011
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MINUTE ORDER; 71 Joint Motion for Protective Order is GRANTED, by Magistrate Judge Kristen L. Mix on 2/7/11.(klmcd )
February 7, 2011
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STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kristen L. Mix on 2/7/11. (klmcd )
May 16, 2011
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MINUTE ORDER granting 88 Plaintiffs-Intervenors Iraq Abade, et al. and Plaintiffs-Intervenors Maryan Abdulle, et al.'s Joint Motion to Amend Captions of Complaints in Intervention and Jury Demand. The case caption of the 61 Amended Complaint in Intervention filed by the Iraq Abade Plaintiffs-Intervenors is amended to replace Amino Nur Gure with Amino Nur Galaal as a Plaintiff-Intervenor. The case caption of the 40 Complaint in Intervention filed by the Maryan Abdulle Plaintiffs-Intervenors is amended to replace Abdirhishid Hussein with Abdirashid Hussein as a Plaintiff-Intervenor. By Magistrate Judge Kristen L. Mix on 5/16/11.(mnf, )
June 9, 2011
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ORDER ON MOTIONS TO DISMISS. Defendant's 12 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(6), 12(b)(7) and 19 is denied. Defendant's 52 Motion to Dismiss Complaint in Intervention is denied in part and granted in part. The Abdulle intervenors' claims based on discrete acts of discrimination occurring more than 300 days before they filed their charges with the EEOC are dismissed. The Abdulle intervenors remaining claims are not dismissed. Defendant's 64 Motion to Dismiss Amended Complaint in Intervention (Abade, et al.) is denied in part and taken under advisement in part. On or before 6/30/2011, the Abade intervenors shall file a brief no longer than ten pages detailing which intervenors did not file charges. For each of these intervenors, the brief shall summarize the factual allegations underlying his or her claim and attach a properly exhausted charge upon which the intervenor proposes to piggyback. By Judge Philip A. Brimmer on 6/9/11.(mnf, )
June 14, 2011
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MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer: Motion Hearing held on 6/14/2011. Taking under advisement 28 Plaintiff Equal Employment Opportunity Commissions's Motion for Bifurcation. (Court Reporter: Janet Coppock) (mjwcd)
July 12, 2011
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ORDER granting 95 Opposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk is instructed to accept Plaintiffs-Intervenors' 95-1 Complaint in Intervention for filing as of the date of this Order. Defendant shall answer or otherwise respond on or before 7/25/2011. By Magistrate Judge Kristen L. Mix on 7/12/11.(mnf, )
August 4, 2011
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ORDER denying 64 Defendant's Motion to Dismiss Amended Complaint in Intervention (Abade, et al.) pursuant to Docket No. 99 and this order. By Judge Philip A. Brimmer on 8/4/11.(mnfsl, )
August 8, 2011
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ORDER granting in part and denying in part 28 EEOC's motion to bifurcate the trial. By Judge Philip A. Brimmer on 8/8/11.(mnf, )
November 4, 2011
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MINUTE ORDER granting 129 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs-Intervenors' 129-1 Complaint in Intervention and Jury Demand for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 11/4/11.(mnfsl, )
November 8, 2011
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MINUTE ORDER. Plaintiffs-Intervenors Fartun Adan, et al.'s 134 Unopposed Motion to Correct Error is granted. The case caption of the 109 Complaint in Intervention filed by the Fartun Adan, et al., Plaintiffs-Intervenors is amended to replace Mohamed A. Hirsi with Abdi Mohamed Hirsi as a Plaintiff-Intervenor. Omar A. Muse and Abdulkadir H. Nur's 133 Unopposed Motion for Leave to Intervene as Party Plaintiffs is granted. The Clerk of Court is instructed to accept 133-1 Amended Complaint in Intervention and Jury Demand and accompanying 133-2, 133-3 Exhibits for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 11/8/11.(mnfsl, )
December 16, 2011
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ORDER Regarding Phase I Discovery. By Magistrate Judge Kristen L. Mix on 12/16/11. (cmacd )
December 28, 2011
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ORDER granting in part and denying in part 149 Motion for Reconsideration re 148 Order by Magistrate Judge Kristen L. Mix on 12/28/11.(pabcd)
January 31, 2012
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MINUTE ORDER granting 155 Defendant's Unopposed Motion to File Amended Answers to Document Nos. 1, 40, 61, 132 and 137. The Clerk of Court is directed to enter the Amended Answers attached to Docket No. 155. By Magistrate Judge Kristen L. Mix on 1/31/12.(mnfsl, )
March 20, 2012
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ORDER denying 169 Defendant's Renewed Motion for Protective Order to Sequester Deponents and/or Motion for Reconsideration of 2/15/12 Telephone Ruling. By Magistrate Judge Kristen L. Mix on 3/20/12.(mnfsl, )
July 10, 2012
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MINUTE ORDER granting 181 Joint Motion to Amend Scheduling Order to Extend Deadlines. Expert Witness Designations due by 9/28/2012. Rebuttal Expert Designations due by 10/26/2012. Discovery due by 12/21/2012. Dispositive Motions due by 1/25/2013. Final Pretrial Conference reset for 4/16/2013 at 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 4/11/2013. By Magistrate Judge Kristen L. Mix on 7/10/12.(mnfsl, )
September 12, 2012
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MINUTE ORDER granting 189 Unopposed Motion to Amend Scheduling Order to Extend All Expert Deadlines. Affirmative Expert Designation Deadline extended to 10/29/2012. Rebuttal Expert Designation Deadline is 11/26/2012. By Magistrate Judge Kristen L. Mix on 9/12/12.(mnfsl, )
October 12, 2012
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MINUTE ORDER granting 193 Joint Motion to Amend Scheduling Order to Extend the Discovery Cutoff and Related Deadlines. Discovery due by 2/1/2013. Dispositive Motions due by 3/1/2013. Final Pretrial Conference reset for 5/23/2013 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 5/17/2013. By Magistrate Judge Kristen L. Mix on 10/12/12.(mnfsl, )
January 6, 2013
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MINUTE ORDER granting 203 Joint Motion to Amend the Scheduling Order to Extend the Discovery Cut-off and Dispositive Motions Deadline. Discovery due by 3/15/2013. Dispositive Motions due by 4/12/2013. Final Pretrial Conference set for 6/20/2013 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 6/14/2013. By Magistrate Judge Kristen L. Mix on 1/6/13.(mnfsl, )
April 4, 2013
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MINUTE ORDER granting 233 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs- Intervenors Complaint in Intervention and Jury Demand [#233-1] for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 4/4/13.(mnfsl, )
July 1, 2013
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ORDER granting in part and denying in part 230 Defendant's Motion for Leave to Designate Additional Expert Witnesses, or in the Alternative, to Strike Plaintiff's Expert Witness Keith Koontz. Section 4 of Mr. Koontz's rebuttal expert report is stricken. Mr. Koontz is not permitted to testify regarding that portion of his report at trial. The 128 Scheduling Order is hereby amended to allow Defendant to file one supplemental expert report as specified above, if needed, on or before 7/22/2013. By Magistrate Judge Kristen L. Mix on 7/1/13.(mnfsl, )
August 15, 2013
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MINUTE ORDER granting 254 Unopposed Motion for Leave to Intervene as Party Plaintiffs. The Clerk of Court is instructed to accept Plaintiffs-Intervenors' Amended Complaint in Intervention and Jury Demand [#254-1] for filing as of the date of this Minute Order. By Magistrate Judge Kristen L. Mix on 8/15/13.(mnfsl, )
August 26, 2013
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MINUTE ORDER granting in part 265 Defendant's Unopposed Motion to Amend Scheduling Order to Extend Dispositive Motions Deadline and Re-set Final Pretrial Conference. Dispositive Motions due by 11/15/2013. Final Pretrial Conference set for 1/29/2014 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 1/22/2014. By Magistrate Judge Kristen L. Mix on 8/26/13.(mnfsl, )
October 1, 2013
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MINUTE ORDER granting 275 Unopposed Motion For Stay and Request for Expedited Ruling. This case is stayed pending Congress' approval of agency appropriations. All deadlines in this case that occur during the government shutdown are extended to after the shutdown, each for the same number of days as the duration of the government shutdown. By Magistrate Judge Kristen L. Mix on 10/1/13.(mnfsl, )
October 18, 2013
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ORDER granting 283 Unopposed Motion for Leave to Amend Complaint. The Clerk of the Court shall accept Movant's Proposed Amended Complaint [#283-1] for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 10/18/13.(mnfsl, )
October 29, 2013
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ORDER denying Defendant's oral Motion to Compel Production of Documents. By Magistrate Judge Kristen L. Mix on 10/29/13. (Attachments: # (1) Attachment A, # (2) Attachment B, # (3) Attachment C, # (4) Attachment D) (mnfsl, )
October 29, 2013
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MINUTE ORDER granting 288 Joint Motion to Re-set Final Pretrial Conference. Final Pretrial Conference reset for 5/22/2014 at 10:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 5/15/2014. By Magistrate Judge Kristen L. Mix on 10/29/13.(mnfsl, )
January 9, 2014
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MINUTE ORDER re: 306 Defendant's Motion to Amend Scheduling Order to Extend Dispositive Motions Deadline and Request for Expedited Ruling. Plaintiff shall respond to the Motion on or before January 22, 2014. Defendants Reply, if any, shall be filed on or before January 29, 2014. By Magistrate Judge Kristen L. Mix on 1/9/14.(mnfsl, ) Modified on 1/9/2014 to correct text (mnfsl, ).
February 12, 2014
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MINUTE ORDER granting 321 Plaintiff EEOC's Motion to Disregard NewArgument in Defendant's Reply [ECF 320] or, Alternatively, for Leave to File Surreply to Defendants' [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF 304]. The Clerk of the Court shall accept Plaintiff EEOC'sSurreply to Defendant's [Second] Motion for Leave to Disclose Additional Rebuttal Expert [ECF304] [#321-1] for filing as of the date of this Order. By Magistrate Judge Kristen L. Mix on 2/12/2014.(klyon, )
March 25, 2014
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ORDER Granting 259 Motion to Strike Witnessed. ORDERED that the 103 new witnesses listed in Defendant's Eighteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-1], Defendant's Nineteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-2], and Defendants Twentieth Supplemental Disclosures Pursuant to Fed. R. Civ.P. 26(a)(1) [#259-3] are STRICKEN from Defendant's 8(d)(2) witness list by Magistrate Judge Kristen L. Mix on 03/25/14.(jhawk, )
June 27, 2014
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ORDER granting in part and denying in part 304 Motion for Leave to Disclose Additional Rebuttal Expert Witness. ORDERED that pages 25-27 and the first full paragraph on page 29 of the Koontz Supplement are STRICKEN. Mr. Koontz is not permitted to testify regarding those portions of his Supplement at trial by Magistrate Judge Kristen L. Mix on 06/27/14.(jhawk, )
September 9, 2014
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ORDER; Plaintiff EEOCs Motion to Strike Defendants Improperly Disclosed and Unidentified Witnesses 322 is GRANTED in part and DENIED in part. The Officer Disclosure is STRICKEN, by Magistrate Judge Kristen L. Mix on 9/9/14.(morti, )
September 29, 2014
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ORDER. Order granting in part and denying in part Plaintiffs-Intervenors' Motion to Quash Subpoena Duces Tecum Directed to Non-Party Cargill, Inc. Pursuant to Fed. R. Civ. P. 45 and for an Amended Protective Order Pursuant to Fed. R. Civ. P. 26(c) 276 by Magistrate Judge Kristen L. Mix on 09/29/14.(jhawk, )
September 29, 2014
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MINUTE ORDER granting in part and denying in part 294 Motion to Quash by Magistrate Judge Kristen L. Mix on 09/29/14.(jhawk, )
October 21, 2014
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MINUTE ORDER by Magistrate Judge Kristen L. Mix on 10/21/14. Plaintiff EEOC's Unopposed Motion to Vacate and Re-Set Pretrial Conference 370 is GRANTED. IT IS FURTHER ORDERED that the Final Pretrial Conference set for December 11, 2014 at 10:00 a.m. is VACATED and RESET to 1/26/2015 11:00 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 1/19/2015. (lgale, )
March 17, 2015
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R. Civ. P. 26(a)(1) [#259-3] that were stricken by the Court's March 25, 2014 Order [#329] are DEEMED timely designated on the dates they were served on Plaintiff. Entered by Magistrate Judge Kristen L. Mix on 03/17/15.(jhawk, )ORDER. ORDERED that the Motion [#341-1] is GRANTED. The Court finds good cause to allow Defendant to amend its Phase I witness list under ยง 8(d) (2) of the Scheduling Order. ORDERED that the 103 witnesses listed in Defendant's Eighteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26 (a)(1) [#259-1], Defendant's Nineteenth Supplemental Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) [#259-2], and Defendant's Twentieth Supplemental Disclosures Pursuant to Fed.
April 28, 2015
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MINUTE ORDER granting 396 Motion to Vacate and Re-Set Pretrial Conference. ORDERED that the Final Pretrial Conference set for May 26, 2015 at 10:30 a.m. is VACATED and RESET to July 23, 2015 at 10:00 a.m. ORDERED that the proposed pretrial order shall be submitted on or before July 16, 2015. Entered by Magistrate Judge Kristen L. Mix on 04/28/15.(jhawk, )
July 17, 2015
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ORDER denying 330 Motion for Summary Judgment by Judge Philip A. Brimmer on 07/17/15.(jhawk, )
March 16, 2016
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ORDER. ORDERED that JBS's Objection to Magistrate Judge's Order 338 is OVERRULED. ORDERED that EEOC's Objection Pursuant to Fed.R.Civ.P. 72(a) to Decision of Magistrate Judge to Amend Scheduling Order [ECF 392] to Permit 103 Additional Witnesses 395 is OVERRULED in part and SUSTAINED in part. ORDERED that JBSs Motion to Amend Scheduling Order to Permit Listing ofAdditional Witnesses Previously Disclosed 341 is GRANTED in part andDENIED in part as indicated in this order. ORDERED that EEOC's Motion to Amend the Scheduling Order to Allow Depositions of Defendant's Recently Added Witnesses 399 is DENIED without prejudice. ORDERED that, on or before two weeks from the date of this Order, JBS shall disclose to EEOC a list of 30 additional witnesses it seeks to add to its Phase I witness list. Such witnesses shall be deemed timely designated on the dates they wereoriginally disclosed to EEOC. Any motion by EEOC to reopen discovery shall be filed within two weeks of JBS's disclosure and shall indicate for how long discovery should be reopened for the limited purpose of deposing JBS's additional witnesses. Signed by Judge Philip A. Brimmer on 03/16/16.(jhawk, )
April 14, 2016
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MINUTE ORDER; 439 Joint Motion to Vacate the Final Pretrial Conference and Deadline for Submission of a Proposed Final Pretrial Order is GRANTED, by Magistrate Judge Kristen L. Mix on 4/14/16.(morti, )
April 17, 2017
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ORDER. ORDERED that Defendant's Motion to Dismiss Plaintiffs Phase I Failure to Accommodate Claim Pursuant to Fed. R. Civ. P. 12(b)(6) 494 is DENIED. ORDERED that plaintiff's Motion to Strike on Procedural Grounds Defendant's "Motion to Dismiss" and for Expedited Handling [Docket No. 496] is DENIED as moot. Signed by Judge Philip A. Brimmer on 04/17/17. (jhawk, )
August 4, 2017
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ORDER. Plaintiff's Motion for Sanctions for the Loss or Destruction of Documents Driectly [sic] Relevant to Swift's Allegations of Undue Hardship 518 is GRANTED in part. Pursuant to Fed. R. Civ. P. 37(b)(2)(A)(ii) and 37(c)(1)(C) and the Court's inherent powers, defendant JBS USA, LLC is barred from presenting evidence, testimony, or argument in its motions, at hearings, or at trial that unscheduled prayer breaks led to production line slowdowns or stoppages. Defendant's Motion for Leave to File a Supplement or Sur-reply to the EEOC's Motion for Sanctions for the Loss and Destruction of Documents Directly Relevant to JBS's Allegations of Undue Burden 543 is DENIED. By Judge Philip A. Brimmer on 8/4/17. (pabsec)
August 4, 2017
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ORDER denying 520 Defendant's Motion in Limine to Exclude the Testimony of Plaintiff's Expert Mark S. McNulty. By Judge Philip A. Brimmer on 8/4/17. (pabsec)
August 4, 2017
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ORDER denying 564 Defendant's Motion to Quash the EEOC's Subpoena of John Beasley. By Judge Philip A. Brimmer on 8/4/17. (pabsec)
August 4, 2017
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ORDER granting in part and denying in part as moot 522 Defendant's Motion to Strike Plaintiff's Untimely and Improperly Disclosed Trial Witnesses. Alexis Irizarry and Fardowsa Sanweyne are stricken from plaintiff's witness list and plaintiff is barred from calling them at trial to support its pattern or practice claims in Phase I. By Judge Philip A. Brimmer on 8/4/17. (pabsec)