Birnbach v. Americares Foundation, Inc.
| Marc D. Birnbach |
| Americares Foundation, Inc. |
| 3:2019cv01328 |
| August 28, 2019 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2021. A more recent docket listing may be available from PACER.
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Filing 20
ORDER granting #18 Motion for Extension of Time to Respond to Motion to Dismiss until 11/15/2019. No further extensions will be granted absent a showing of good cause as required by Local Rule 7, which requires counsel to show why, in the exercise of due diligence, counsel was not able to meet the presumptively reasonable deadline established by the Federal Rules of Civil Procedure. In addition, Plaintiff is directed to review Local Rule 7(b)(3), which requires all motions for extension of time be filed 3 days or more in advance of the applicable deadline, and which also requires that "[a]ny motion for extension of time filed fewer than three days before the deadline sought to be extended shall, in addition to satisfying all other requirements of this Rule, set forth reasons why the motion was not filed at least three days before the deadline in question." D. Conn. L. Civ. R. 7(b)(3). Signed by Judge Vanessa L. Bryant on 10/16/2019. (Nault, James)
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Reset Deadline as to #13 MOTION to Dismiss: response is now due by 11/15/2019 per Dkt. 20 Order. (Shafer, J.)
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Filing 19
Second MOTION for Mark Paul Carey to Withdraw as Attorney by Marc D. Birnbach. (Carey, Mark)
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Filing 18
Consent MOTION for Extension of Time until November 15, 2019 To File Response to #13 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) by Marc D. Birnbach. (Carey, Mark)
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Filing 17
ORDER denying #16 Motion to Withdraw as Attorney without prejudice to re-filing with proof of service on and consent of the client. The client must have notice and of this motion and must be informed that he has 21 days to object. The client must also be informed that if he does not object the Court may grant the re-filed motion, and if that happens he will have to file an appearance pro se or engage counsel to represent him in this matter, or the case may be dismissed for failure to prosecute. If the Court grants the re-filed motion to withdraw, it will do so making it effective 21 days from that time during which time Plaintiff's counsel will have to serve the Order on the client and post notice on the docket of same. Signed by Judge Vanessa L. Bryant on 10/09/2019. (Nault, James)
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Filing 16
MOTION for Mark Paul Carey to Withdraw as Attorney by Marc D. Birnbach. (Carey, Mark)
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Filing 15
NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A. , No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 9/26/2019.(Shafer, J.)
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Filing 14
Memorandum in Support re #13 MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) filed by Americares Foundation, Inc.. (Bryson, Megan)
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Filing 13
MOTION to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) by Americares Foundation, Inc..Responses due by 10/16/2019 (Bryson, Megan)
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Filing 12
NOTICE by Americares Foundation, Inc. of Filing of Defendant's Rule 7.1 Statement (Bryson, Megan)
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Filing 11
NOTICE of Appearance by Megan E. Bryson on behalf of Americares Foundation, Inc. (Bryson, Megan)
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Filing 10
SUMMONS Returned Executed by Marc D. Birnbach. Americares Foundation, Inc. served on 9/4/2019, answer due 9/25/2019. (Carey, Mark)
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Filing 9
ORDER re Initial Discovery Protocols. Signed by Judge Vanessa L. Bryant on 9/6/2019. (Shafer, J.)
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Filing 8
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Americares Foundation, Inc.* with answer to complaint due within *21* days. Attorney *Mark Paul Carey* *Carey & Associates, P.C.* *71 Old Post Rd, Suite One* *Southport, CT 06890*. (Murphy, Tatihana)
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Filing 7
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #1 Complaint filed by Marc D. Birnbach, #6 Notice, #5 Order Re: Chambers Practices, #3 Electronic Filing Order, #4 Standing Protective Order Signed by Clerk on 08/29/2019.(Murphy, Tatihana)
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Filing 6
Notice re Initial Discovery Protocols Signed by Clerk on 08/28/2019. (Attachments: #1 Discovery Attachment)(Murphy, Tatihana) Modified filed date on 8/30/2019 (Murphy, Tatihana).
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Filing 5
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered Signed by Judge Vanessa L. Bryant on 08/28/2019.(Murphy, Tatihana) Modified filed date on 8/30/2019 (Murphy, Tatihana).
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 08/28/2019.(Murphy, Tatihana) Modified filed date on 8/30/2019 (Murphy, Tatihana).
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 08/28/2019.(Murphy, Tatihana) Modified filed date on 8/30/2019 (Murphy, Tatihana).
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 10/28/2019. Discovery due by 2/28/2020. Dispositive Motions due by 4/3/2020. Signed by Clerk on 08/28/2019.(Murphy, Tatihana) Modified on filed date 8/30/2019 (Murphy, Tatihana).
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Judge Vanessa L. Bryant added. (Nuzzi, Tiffany)
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Filing 1
COMPLAINT against Americares Foundation, Inc. ( Filing fee $400 receipt number ACTDC-5416952.), filed by Marc D. Birnbach.(Carey, Mark)
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Request for Clerk to issue summons as to Americares Foundation, Inc.. (Carey, Mark)
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| Defendant: Americares Foundation, Inc. | |
| Represented By: | Megan E. Bryson |
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| Plaintiff: Marc D. Birnbach | |
| Represented By: | Mark Paul Carey |
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