Plaintiffs are adherents of the Swartzentruber Amish faith who reside within the Town of Morristown, New York. They allege that Defendants enforced Local Law #4 and the Building Code in a manner that discriminates against Plaintiff and makes it impossible for them to live out their faith in Morristown.
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Date Filed
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#
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Docket Text
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| January 6, 2009 |
1
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COMPLAINT against Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout III, Mark Blanchard, Christopher Coffin and Gary Turner (Filing fee $350 receipt
number 1190930) filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller,
Jonas Zook, Sam Zook, John L. Hershberger and Menno S. Hershberger. (Attachments: # 1 Civil Cover Sheet)(dpk) (Entered:
01/07/2009)
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| January 6, 2009 |
2
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G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/29/2009 at 11:00 AM in Syracuse before Magistrate Judge George H. Lowe. Civil Case Management Plan due by 4/20/2009. ALL
CONFERENCES ARE CONDUCTED BY TELEPHONE. Plaintiff's attorney will initiate the call using AT&T or other teleconferencing service and call Judge Lowe's chambers at 315-234-8616, a
dedicated conference line which is not to be used for other purposes. Pro Se plaintiffs will provide the Court with a telephone number for use in placing the conference call. (dpk)
(Entered: January 7, 2009)
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| January 6, 2009 |
3
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Summons Issued as to Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout III, Mark Blanchard, Christopher Coffin and Gary Turner. (Attachments: # 1 Summons Issued as to Christopher Coffin, # 2 Summons Issued as to
Lanetta Kay Davis, # 3 Summons Issued as to the Town of Morristown, # 4 Summons Issued as to Frank Putman, # 5 Summons Issued as to David Stout
III, # 6 Summons Issued as to Howard Warren, # 7 Summons Issued
as to Gary Turner)(dpk) (Entered: January 7, 2009)
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| January 12, 2009 |
4
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AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/29/2009 at 11:00 AM in Syracuse before Magistrate Judge George H. Lowe. Plaintiffs attorney will initiate the call using
AT&T or other teleconferencing service and call Judge Lowes chambers at (315) 234-8618, a dedicated conference line which is not to be used for other purposes. Pro Se plaintiffs will
provide the court with a telephone number for use in placing the conference call. Civil Case Management Plan due by 4/20/2009. THIS G.O. 25 IS AMENDED TO INCLUDE ADR TRACK INFORMATION
THAT WAS EXCLUDED FROM THE ORIGINAL FILED ON 1/6/09 (dpk) (Entered: January 12, 2009)
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| January 16, 2009 |
5
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MOTION for Limited Admission Pro Hac Vice of Eric C. Rassbach Filing fee $30, receipt number 02060000000001200250. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L.
Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: #
1 Affirmation Verified Petitioner, # 2 Proposed Order/Judgment
Proposed Order, # 3 Certification of Good Standing, # 4 Affidavit
Affidavit of Sponsor, # 5 ECF Registration) Motions referred to George H. Lowe. (Mervis, Michael) (Entered: January 16, 2009)
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| January 16, 2009 |
6
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MOTION for Limited Admission Pro Hac Vice of Lori H. Windham Filing fee $30, receipt number 02060000000001200290. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L.
Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: #
1 Verified Petition, # 2 Proposed Order/Judgment Proposed Order,
# 3 Certificate of Good Standing, # 4 Affidavit Affidavit of
Sponsor, # 5 ECF Registration) Motions referred to George H. Lowe. (Mervis, Michael) (Entered: January 16, 2009)
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| January 20, 2009 |
7
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MOTION for Limited Admission Pro Hac Vice of Jessica J. Kastner Filing fee $30, receipt number 02060000000001201349. filed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L.
Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. (Attachments: #
1 Proposed Order/Judgment, # 2 Verified Petition, # 3 Affidavit of Sponsor, # 4 Certificate of Good Standing, # 5 ECF Registration Form) Motions referred to George H. Lowe. (Mervis, Michael) (Entered: January 20, 2009)
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| January 21, 2009 |
8
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ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Jessica Kastner. Signed by Magistrate Judge George H. Lowe on
1/21/09. (rjb, ) (Entered: January 21, 2009)
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| January 21, 2009 |
9
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ORDER granting 5 Motion for Limited Admission Pro Hac Vice as to Eric Rassbach. Signed by Magistrate Judge George H. Lowe on
1/21/09. (rjb, ) (Entered: January 21, 2009)
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| January 21, 2009 |
10
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ORDER granting 6 Motion for Limited Admission Pro Hac Vice as to Lori Windham. Signed by Magistrate Judge George H. Lowe on
1/21/09. (rjb, ) (Entered: January 21, 2009)
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| February 3, 2009 |
11
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NOTICE of Appearance by Gregg T. Johnson on behalf of all defendants (Attachments: # 1 Supplement Certificate of
Service)(Johnson, Gregg) (Entered: February 3, 2009)
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| February 3, 2009 |
12
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NOTICE of Appearance by Christopher R. Lemire on behalf of all defendants (Attachments: # 1 Supplement Certificate of
Service)(Lemire, Christopher) (Entered: February 3, 2009)
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| March 17, 2009 |
13
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ANSWER to 1 Complaint, by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark
Blanchard, Christopher Coffin, Gary Turner.(Johnson, Gregg) (Entered: March 17, 2009)
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| March 17, 2009 |
14
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CERTIFICATE OF SERVICE by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner re 13 Answer to Complaint (Johnson, Gregg) (Entered: March 17, 2009)
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| March 18, 2009 |
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TEXT NOTICE of Hearing CHANGE: The Initial Conference scheduled for 4/29/09 is hereby RESCHEDULED for 3/31/2009 at 10:00 AM before Magistrate Judge George H. Lowe; Civil Case Management
Plan due by 3/26/2009. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at
(315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, ) (Entered: March 18, 2009)
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| March 19, 2009 |
15
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Letter Motion from Plaintiffs' Counsel for Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey
Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger requesting an extension of the deadline to submit the Case Management Plan and a temporary adjournment
of the Rule 16(b) conference submitted to Judge Lowe. (Kastner, Jessica) (Entered: March 19, 2009)
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| March 24, 2009 |
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TEXT ORDER granting 15 Letter Request. The Initial Rule 16 Conference is hereby RESCHEDULED for the original date and time of
4/29/09 at 11:00 AM; Civil Case Management Plan due by 4/20/2009. SO ORDERED by Magistrate Judge George H. Lowe on 3/24/09. (rjb, ) (Entered: March 24, 2009)
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| April 6, 2009 |
16
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WAIVER OF SERVICE Returned Executed by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey
Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger. Town of Morristown waiver sent on 1/16/2009, answer due 3/17/2009; Lanetta Kay Davis waiver sent on
1/16/2009, answer due 3/17/2009; Frank L. Putman waiver sent on 1/16/2009, answer due 3/17/2009; Howard Warren waiver sent on 1/16/2009, answer due 3/17/2009; David Stout, III waiver sent
on 1/16/2009, answer due 3/17/2009; Mark Blanchard waiver sent on 1/16/2009, answer due 3/17/2009; Christopher Coffin waiver sent on 1/16/2009, answer due 3/17/2009; Gary Turner waiver
sent on 1/16/2009, answer due 3/17/2009. (Kastner, Jessica) (Entered: April 6, 2009)
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| April 20, 2009 |
17
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CIVIL CASE MANAGEMENT PLAN by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose
Miller, Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner, Jonas Zook, Sam Zook, John L.
Hershberger, Menno S. Hershberger. (Kastner, Jessica) (Entered: April 20, 2009)
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| April 29, 2009 |
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TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Initial Pretrial Conference held on 4/29/2009. Appearances: Jessica Kastner, Esq., Eric Rassbach, Esq. and
Lori Windham, Esq. for Plaintiffs; Gregg T. Johnson, Esq. for Defendants. Pretrial deadlines are established, a scheduling order will be issued. (Tape #212 and 213) (rjb, ) (Entered:
04/29/2009)
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| April 29, 2009 |
18
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 7 days. A Telephone Status Conference is set for 7/22/2009 at 9:30 AM before Magistrate Judge George H. Lowe. Joinder of
Parties due by 7/31/2009. Amended Pleadings due by 7/31/2009. Discovery due by 12/1/2009. Deadline for completion of early neutral evaluation is 12/15/2009. Motions to be filed by
2/1/2010. Jury Trial Ready Deadline is 6/1/2010. Jury Trial set for 6/21/2010 at 10:00 AM in Watertown before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge George H. Lowe on
4/29/09. (jmb) (Entered: April 30, 2009)
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| May 15, 2009 |
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TEXT NOTICE of Hearing CHANGE: The Status Conference scheduled for 7/22/09 is hereby RESCHEDULED for 7/20/2009 at 10:00 AM before Magistrate Judge George H. Lowe. (rjb, ) (Entered:
05/15/2009)
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| May 27, 2009 |
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TEXT NOTICE of Hearing TIME CHANGE: The Status Conference scheduled for 7/20/2009 at 10:00 AM is hereby RESCHEDULED for 03:00 PM before Magistrate Judge George H. Lowe. (rjb, ) (Entered:
05/27/2009)
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| June 25, 2009 |
19
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NOTICE of Appearance by Jacinda Hall Conboy on behalf of all defendants (Conboy, Jacinda) (Entered: June 25, 2009)
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| June 25, 2009 |
20
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CERTIFICATE OF SERVICE by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner re 19 Notice of Appearance (Conboy, Jacinda) (Entered: June 25, 2009)
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| June 29, 2009 |
21
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NOTICE by Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey Miller, Mose Miller, Jonas Zook,
Sam Zook, John L. Hershberger, Menno S. Hershberger Letter To Lawrence K. Baerman re Removal of Jessica Kastner, Esq. from this case. (Mervis, Michael) (Entered: June 29, 2009)
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| July 6, 2009 |
22
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MOTION for Limited Admission Pro Hac Vice of Rachelle Leone Laroche. Filing fee $30, receipt number SYR020513 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion
referred to George H. Lowe. (jmb) (Entered: July 13, 2009)
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| July 6, 2009 |
23
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MOTION for Limited Admission Pro Hac Vice of Jason D. Gerstein. Filing fee $30, receipt number SYR020515 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion referred to
George H. Lowe. (jmb) (Entered: July 13, 2009)
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| July 6, 2009 |
24
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MOTION for Limited Admission Pro Hac Vice of Daniel P. Goldberger. Filing fee $30, receipt number SYR020514 filed by Michael T. Mervis, Esq., on behalf of the plaintiffs'. Motion referred
to George H. Lowe. (jmb) (Entered: July 13, 2009)
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| July 20, 2009 |
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TEXT Minute Entry for proceedings held before Magistrate Judge George H. Lowe: Status Conference held on 7/20/2009. Appearances: Jason Gerstein, Esq. and Lori Windham, Esq. for
Plaintiffs; Jacinda Conboy, Esq. for Defendants. Counsel reported on the status of paper discovery, which appears basically to be on track. Prior to undertaking depositions the parties
wish to pursue settlement discussions through Early Neutral Evaluation, which they hope to conduct by the end of August. Attorney Conboy is directed to advise the Court in writing of the
date agreed upon for Early Neutral Evaluation. If the case does not settle the Court will hold a telephone conference call early in September, and dates for depositions then will be
agreed upon. All dates set forth in the Uniform Pretrial Scheduling Order (Dkt. No. 18) are extended without date. (Tape #223) (rjb, ) (Entered: July 21, 2009)
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| August 6, 2009 |
25
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STATUS REPORT regarding ADR by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner. (Conboy,
Jacinda) (Entered: August 6, 2009)
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| August 6, 2009 |
26
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STIPULATION Selecting Neutral by Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner selecting David
Wukitsch, Esq. as Evaluator.(Conboy, Jacinda) (Entered: August 6, 2009)
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| August 7, 2009 |
27
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ORDER granting 22 Motion for Limited Admission Pro Hac Vice as to Rachelle Laroche. Signed by Magistrate Judge George H. Lowe
on 8/7/09. (rjb, ) (Entered: August 7, 2009)
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| August 7, 2009 |
28
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ORDER granting 23 Motion for Limited Admission Pro Hac Vice as to Jason Gerstein. Signed by Magistrate Judge George H. Lowe on
8/7/09. (rjb, ) (Entered: August 7, 2009)
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| August 7, 2009 |
29
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ORDER granting 24 Motion for Limited Admission Pro Hac Vice as to Daniel Goldberger. Signed by Magistrate Judge George H. Lowe
on 8/7/09. (rjb, ) (Entered: August 7, 2009)
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| August 11, 2009 |
30
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Letter Motion from Lori H. Windham for Urie Hershberger, Menno L. Glick, Andy A. Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Levi Yoder, Peter D. Swartzentruber, Harvey
Miller, Mose Miller, Jonas Zook, Sam Zook, John L. Hershberger, Menno S. Hershberger requesting Excuse from In-Person Attendance submitted to Judge Lowe. (Windham, Lori) (Entered:
08/11/2009)
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| August 12, 2009 |
31
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Letter Motion from Jacinda H. Conboy, Esq. for Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner
requesting that Defendants and their insurance representative participate in the ENE via telephone submitted to Judge Lowe. (Conboy, Jacinda) (Entered: August 12, 2009)
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| August 14, 2009 |
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TEXT ORDER: The requests asserted in Dkt. Nos. 30 and 31 are
granted. SO ORDERED by Magistrate Judge George H. Lowe on 8/14/09. (rjb, ) (Entered: August 14, 2009)
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| August 21, 2009 |
32
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REPORT of Early Neutral Evaluation (Wukitsch, David) (Entered: August 21, 2009)
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| August 21, 2009 |
33
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CONFIDENTIALITY AGREEMENT (Wukitsch, David) (Entered: August 21, 2009)
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| October 15, 2009 |
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TEXT NOTICE by ADR Administrator re 32 Report of Early Neutral Evaluation filed on 8/21/09 by ENE David Wukitsch, Esq.: The
Report of ENE contained a request for an additional sixty days to "explore and possibly finalize settlement" in this matter. The parties are directed to electronically file either a
status report of the settlement of this matter, a settlement stipulation if the case has settled, or a formal request to the Magistrate Judge for an extension of time to further
settlement. (sg) (Entered: October 15, 2009)
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| October 23, 2009 |
34
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Letter Motion from Jacinda H. Conboy, Esq. for Town of Morristown, Lanetta Kay Davis, Frank L. Putman, Howard Warren, David Stout, III, Mark Blanchard, Christopher Coffin, Gary Turner
requesting Extension of time to continue settlement discussions submitted to Judge Lowe. (Conboy, Jacinda) (Entered: October 23, 2009)
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| October 26, 2009 |
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TEXT ORDER granting 34 Letter Request, Counsel is directed to file a status report on or before November 27, 2009. SO ORDERED
by Magistrate Judge George H. Lowe on 10/26/09. (rjb, ) (Entered: October 26, 2009)
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| December 1, 2009 |
35
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NOTICE by Menno L. Glick, John L. Hershberger, Menno S. Hershberger, Urie Hershberger, Andy A. Miller, Harvey Miller, Mose Miller, Dannie L. Swartzentruber, Mosie Swartzentruber, Peter D.
Swartzentruber, Levi Yoder, Jonas Zook, Sam Zook Letter To The Honorable George H. Lowe re Proposed Order and Status Report (Mervis, Michael) (Entered: December 1, 2009)
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| December 3, 2009 |
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TEXT NOTICE of Hearing: Status Conference set for 12/15/2009 at 02:00 PM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a
teleconferencing service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes.(rjb, )
(Entered: December 3, 2009)
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| December 14, 2009 |
36
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Letter Motion from Lemire Johnson, LLC for Mark Blanchard, Christopher Coffin, Lanetta Kay Davis, Frank L. Putman, David Stout, III, Town of Morristown, Gary Turner, Howard Warren
requesting Adjournment of telephonic conference submitted to Judge George H. Lowe. (Johnson, Gregg) (Entered: December 14, 2009)
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| December 14, 2009 |
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TEXT ORDER granting 36 Letter Request. The Status Conference scheduled for
12/15/09 is hereby RESCHEDULED for 12/29/2009 at 10:30 AM before Magistrate Judge George H. Lowe. Plaintiff's attorney is responsible for initiating the call, using a teleconferencing
service, and should call the chambers of Magistrate Judge George H. Lowe at (315) 234-8618, a dedicated conference line which may not be used for other purposes. SO ORDERED by Magistrate
Judge George H. Lowe on 12/14/09. (rjb, ) (Entered: December 14, 2009)
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