Abel v. Town Sports International, LLC.
Plaintiff: Dieudonne Abel
Defendant: Town Sports International Holdings, Inc. and Town Sports International, LLC
Case Number: 1:2009cv10388
Filed: December 22, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Debra C Freeman
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 18, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2013 Filing 101 SATISFACTION OF JUDGMENT re: #100 Judgment #13,0136 entered In favor of Dieudonne Abel Against Town Sports International, LLC in the amount of $130,870.50. Document filed by Dieudonne Abel.(mro)
January 25, 2013 Filing 100 JUDGMENT #13,0136 in favor of Dieudonne Abel against Town Sports International, LLC in the amount of $ 133,282.50. (Signed by Magistrate Judge Debra C. Freeman on 1/25/13) (Attachments: #1 Notice of Right to Appeal)(dt)
December 19, 2012 Opinion or Order Filing 99 MEMORANDUM AND ORDER: For all the foregoing reasons: (1) Defendants post-trial motions (Dkt. 72) are resolved as follows: (a) Defendants motion under Rule 50(b) for judgment as a matter of law on Plaintiffs hostile-work-environment claims is denied; (b) Defendants alternative motion under Rule 59(a) for a new trial on Plaintiffs hostile-work-environment claims is denied; and (c) Defendants further alternative motion under Rule 59(e) for remittitur is granted, to the extent that, no later than January 11, 2013, Plaintiff shall inform the Court, in writing, whether he agrees to a remittitur reducing the award in his favor on his hostile-work-environment claims to $100,000. If Plaintiff does not agree to accept this reduced damages award, the Court will schedule a new trial on compensatory damages on that claim. (2) Plaintiffs post-trial motion for a new trial on his retaliatory and discriminatory termination claims (Dkt. 95) is denied. (3) Plaintiffs application for attorneys fees (Dkt. 77) is conditionally granted, to the extent that, if Plaintiff elects to accept the remittitur, then Plaintiff shall be awarded $130,870.50 in fees and $2,412.00 in costs as the prevailing party on his hostile-work-environment claims. If, however, Plaintiff elects to proceed with a new damages trial on that claim, then the Court will reexamine the issue of attorneys fees following that trial. (Signed by Magistrate Judge Debra C. Freeman on 12/18/2012) (djc) Modified on 12/19/2012 (djc).
December 14, 2012 Filing 98 Letter addressed to Magistrate Judge Debra C. Freeman from Christopher R. Strianese dated 3/20/2012 re: Counsel for Defendant writes Accordingly, Plaintiff;s request for leave to file the motion for a new Trial be denied. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(js)
December 5, 2012 Filing 97 Letter addressed to Magistrate Judge Debra C. Freeman from Christopher R. Strianese dated 7/5/2012 re: This surreply to plaintiff's 6/26/2012. Document filed by Town Sports International, LLC.(cd)
December 5, 2012 Filing 96 Letter addressed to Magistrate Judge Debra C. Freeman from Matthew Presseau dated 6/26/2012 re: Request that the Court grant Plaintiff's motion for a new trial on his claims for discrimination and retaliatory discharge as not doing so was "fundamental error". Document filed by Dieudonne Abel.(cd)
December 5, 2012 Filing 95 Letter addressed to Magistrate Judge Debra C. Freeman from Robert B. Davis dated 3/16/2012 re: Plaintiff seeks to move under Rule 59 for a new trial on retaliation, discriminatory termination and punitive damages, while leaving the emotional distress liability and monetary award findings untouched. Document filed by Dieudonne Abel.(cd)
December 5, 2012 Filing 94 Letter addressed to Magistrate Judge Debra C. Freeman from Christopher R. Strianese dated 2/29/2012 re: Request that plaintiff's request for additional time and his request to brief arguments that he waived at trial. Document filed by Town Sports International, LLC.(cd)
December 5, 2012 Filing 93 Letter addressed to Magistrate Judge Debra C. Freeman from Matthew Presseau dated 2/29/2012 re: Request that the Court adjourn the post-trial motion schedule in this case by two weeks. If the Court would like to have a conference to discuss my request, I will be available at its convenience. Document filed by Dieudonne Abel.(cd)
September 6, 2012 Filing 92 AFFIDAVIT of Matthew Presseau in Opposition re: #72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages.. Document filed by Dieudonne Abel. (Attachments: #1 Affidavit, #2 Exhibit)(Presseau, Matthew)
August 30, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Eiichi Presseau to RE-FILE Document #83 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to wrong motion. Re-File and link to document #72 Motion. (ldi)
June 26, 2012 Opinion or Order Filing 91 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew Presseau dated 6/22/12 re: Counsel for the plaintiff requests that their "sur-reply" letter be filed by 7/10/12. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Debra C. Freeman on 6/26/2012) (mro)
June 6, 2012 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 6/6/2012. (js)
April 13, 2012 Opinion or Order Filing 90 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Matthew Presseau dated 4/12/2012 re: This firm represents the Plaintiff, Dieudonne Abel, in the above referenced action. Pursuant to the Court's Individual Practices (2)(C), reply memoranda of law are limited to ten pages without permission from the Court. We hereby request permission to exceed the limit on our reply memorandum to Defendant's opposition to our application for attorney's fees and costs due tomorrow. We have made efforts to limit the length of our reply but are finding that Defendant's objections require more space. We request permission to expand the limit to fifteen pages. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 4/13/2012) (djc)
April 13, 2012 Filing 89 DECLARATION of Matthew Presseau in Support re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Attachments: #1 Exhibit)(Presseau, Matthew)
April 13, 2012 Filing 88 REPLY MEMORANDUM OF LAW in Support re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Presseau, Matthew)
April 13, 2012 Filing 87 REPLY AFFIRMATION of Christopher R. Strianese in Support re: #72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages.. Document filed by Town Sports International, LLC. (Attachments: #1 Trial Exhibit 109, #2 Trial Exhibit AA, #3 Trial Exhibit I, #4 Trial Exhibit J, #5 Trial Exhibit K, #6 Trial Exhibit L, #7 Trial Exhibit YY-1, #8 10/12/11 Testimony, #9 10/13/11 Testimony, #10 10/14/11 Testimony, #11 10/17/11 Testimony, #12 10/18/11 Testimony, #13 10/20/11 Testimony)(Strianese, Christopher)
April 13, 2012 Filing 86 REPLY MEMORANDUM OF LAW in Support re: #72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages.. Document filed by Town Sports International, LLC. (Strianese, Christopher)
April 11, 2012 Opinion or Order Filing 85 ENDORSED LETTER: addressed to Magistrate Judge Debra C. Freeman from Christopher R. Srrianese dated 4/2/2012 re: Counsel for defendant requests permission to file a reply brief of up to 20 pages so that we can fully address the lengthy arguments set forth in the opposition. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 4/11/2012) (js)
March 30, 2012 Filing 84 ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from Matthew Presseau dated 3/29/2012 re: Request to increase page limit for Memo in Opposition to Defendant's Motion for Judgment. ENDORSEMENT: Plaintiff may submit a brief of up to 30 pages. (Signed by Magistrate Judge Debra C. Freeman on 3/30/2012) (cd)
March 30, 2012 Filing 83 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Presseau, Matthew) Modified on 8/30/2012 (ldi).
March 30, 2012 Filing 82 AFFIRMATION of Matthew Presseau in Opposition re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Attachments: #1 Exhibit)(Presseau, Matthew)
March 30, 2012 Filing 81 AFFIRMATION of Christopher R. Strianese in Opposition re: #77 MOTION for Attorney Fees.. Document filed by Town Sports International, LLC. (Strianese, Christopher)
March 30, 2012 Filing 80 MEMORANDUM OF LAW in Opposition re: #77 MOTION for Attorney Fees.. Document filed by Town Sports International, LLC. (Strianese, Christopher)
March 5, 2012 Filing 79 MEMORANDUM OF LAW in Support re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Presseau, Matthew)
March 5, 2012 Filing 78 DECLARATION of Matthew Presseau in Support re: #77 MOTION for Attorney Fees.. Document filed by Dieudonne Abel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Presseau, Matthew)
March 5, 2012 Filing 77 MOTION for Attorney Fees. Document filed by Dieudonne Abel.(Presseau, Matthew)
March 2, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Eiichi Presseau to RE-FILE Document #75 MOTION for Attorney Fees. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
March 2, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Eiichi Presseau to RE-FILE Document #76 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
March 2, 2012 Filing 76 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #75 MOTION for Attorney Fees. Document filed by Dieudonne Abel. (Presseau, Matthew) Modified on 3/5/2012 (db).
March 2, 2012 Filing 75 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees. Document filed by Dieudonne Abel. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Presseau, Matthew) Modified on 3/5/2012 (db).
March 2, 2012 Filing 74 MEMORANDUM OF LAW in Support re: #72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages.. Document filed by Town Sports International, LLC. (Hummel, Zachary)
March 2, 2012 Filing 73 AFFIRMATION of Zachary A. Hummel in Support re: #72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages.. Document filed by Town Sports International, LLC. (Attachments: #1 Exhibit YY-1, #2 Exhibit 109, #3 Exhibit AA, #4 Exhibit L, #5 Exhibit I, #6 Exhibit J, #7 Exhibit K, #8 Exhibit Complaint, #9 Exhibit Testimony 10/12/12, #10 Exhibit Testimony 10/13/12, #11 Exhibit Testimony 10/14/12, #12 Exhibit Testimony 10/17/12, #13 Exhibit Testimony 10/18/12, #14 Exhibit Testimony 10/19/12, #15 Exhibit Testimony 10/20/12)(Hummel, Zachary)
March 2, 2012 Filing 72 MOTION for Directed Verdict , A New Trial, and/or A Remittitur of Damages. Document filed by Town Sports International, LLC.(Hummel, Zachary)
March 1, 2012 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Motion Hearing held on 3/1/2012, via telephone. (cd)
March 1, 2012 Filing 71 NOTICE OF APPEARANCE by Robert B. Davis on behalf of Dieudonne Abel (Davis, Robert)
February 9, 2012 Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/20/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 69 TRANSCRIPT of Proceedings re: Trial held on 10/20/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 67 TRANSCRIPT of Proceedings re: Trial held on 10/19/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 66 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/18/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 65 TRANSCRIPT of Proceedings re: Trial held on 10/18/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 64 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/17/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 63 TRANSCRIPT of Proceedings re: Trial held on 10/17/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/14/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 61 TRANSCRIPT of Proceedings re: Trial held on 10/14/2011 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/13/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 59 TRANSCRIPT of Proceedings re: Trial held on 10/13/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/12/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 57 TRANSCRIPT of Proceedings re: Trial held on 10/12/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
February 9, 2012 Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Trial proceeding held on 10/11/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 9, 2012 Filing 55 TRANSCRIPT of Proceedings re: Trial held on 10/11/2011 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012.(McGuirk, Kelly)
January 27, 2012 Opinion or Order Filing 54 ENDORSED LETTER addressed to Magistrate Judge Debra Freeman from Matthew Presseau dated 1/27/2012 re: Request for the following briefing schedule for initial motion papers for plaintiff's and defendant's. ENDORSEMENT: So Ordered. ( Motions due by 3/2/2012. Responses due by 3/23/2012, Replies due by 4/6/2012.) (Signed by Magistrate Judge Debra C. Freeman on 1/27/2012) (cd)
October 20, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial completed on 10/20/2011. (rjm)
October 19, 2011 Minute Order Proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/19/2011. (cd)
October 19, 2011 Filing 53 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/19/2011. jury trial continued. Court Reporter Pamela Utter (js)
October 18, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/18/2011. Court reporter Pamela Utter. (mro)
October 17, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/17/2011. Court reporter Pamela Utter. (mro)
October 14, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/14/2011. Court reporter Kristen Carranante and Pamela Utter. (mro)
October 13, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial held on 10/13/2011. Court reporter Pamela Utter. (mro)
October 12, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Trial begun on 10/12/2011. Court reporter Karen Gorlaski. (mro)
October 12, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Voir Dire held on 10/12/2011. (mro)
October 11, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Jury Selection held on 10/11/2011. (mro)
October 6, 2011 Opinion or Order Filing 52 ORDER: The Clerk of the Court is hereby directed to maintain under seal the submission docketed in this case as Dkt. 51, pending further Order of the Court. Defendant is directed to file, on the Court's Electronic Case Filing system, a redacted copy of that submissions, pursuant to Rule 5.2(a) of the Federal Rules of Civil Procedure. (Signed by Magistrate Judge Debra C. Freeman on 10/6/2011) Copies Sent By Chambers (djc)
October 6, 2011 Transmission to Sealed Records Clerk. Transmitted re: #52 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (djc)
October 5, 2011 Filing 50 MOTION for Partial Summary Judgment limiting back pay damages and dismissing punitive damages claim. Document filed by Town Sports International, LLC.(Hummel, Zachary) Modified on 10/6/2011 (ae).
October 4, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 10/4/2011. Case management conference held via telephone. (rjm)
October 3, 2011 Opinion or Order Filing 49 ORDER granting in part and denying in part #32 Motion in Limine and #34 Motion in Limine filed by Town Sports International Holdings, Inc., Town Sports International, LLC: Defendant's motions are granted in part, and denied in part, for the reasons stated on the record. (Signed by Magistrate Judge Debra C. Freeman on 10/3/2011) (ab)
October 3, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Final Pretrial Conference held on 10/3/2011. (ft)
May 4, 2011 Set/Reset Hearings: Final Pretrial Conference set for 7/25/2011 at 11:00 AM before Magistrate Judge Debra C. Freeman. (cd)
May 4, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone Conference held on 5/4/2011. Final pretrial conference scheduled for 7/25/11 at 11:00 am. (cd)
April 25, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone Conference held on 4/25/2011, ( Telephone Conference set for 5/4/2011 at 02:30 PM before Magistrate Judge Debra C. Freeman.). (mbe)
April 4, 2011 Opinion or Order Filing 48 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Debra C. Freeman. (Signed by Judge Denise L. Cote on 4/4/21011) (lnl)
March 29, 2011 Opinion or Order Filing 47 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Denise L. Cote on 3/28/11) (cd)
March 29, 2011 Opinion or Order Filing 46 SCHEDULING ORDER: The parties are instructed to contact the chambers of Magistrate Judge Freeman prior to 4/4/11 re settlement discussions under her supervision. Final Pretrial Conference set for 4/14/2011 at 10:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Ready for Trial by 5/2/2011, and as further set forth in this document. (Signed by Judge Denise L. Cote on 3/28/11) (cd)
March 21, 2011 Opinion or Order Filing 45 ORDER. The parties in this action informed this Court in October 2010 that they had reached a settlement agreement, and an order of discontinuance was entered on October 8. At that time, the Clerk of Court closed the case. When the settlement negotiations broke down in November 2010, defendant filed a motion to enforce their oral agreement. This motion was denied on December 23, 2010. Accordingly, it is hereby ORDERED that the Clerk of Court reopen this case. (Signed by Judge Denise L. Cote on 3/21/11); (djc)
March 14, 2011 Filing 44 MEMORANDUM OF LAW in Opposition re: #31 Pretrial Memorandum. Document filed by Dieudonne Abel. (Presseau, Matthew)
March 14, 2011 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Matthew Eiichi Presseau to RE-FILE Document #43 Pretrial Memorandum. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
March 12, 2011 Filing 43 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(MEMORANDUM OF LAW IN OPPOSITION) - PRETRIAL MEMORANDUM. Document filed by Dieudonne Abel.(Presseau, Matthew) Modified on 3/14/2011 (ka).
March 12, 2011 Filing 42 MEMORANDUM OF LAW in Opposition re: #34 MOTION in Limine to preclude testimony of Rudy Smith, Louis Velasquez, Omar McKenzie, Edwin DeLoatch, Mohamed Ali, Jimmy Gary, Vaughn Smallwood and Alain Davis.. Document filed by Dieudonne Abel. (Presseau, Matthew)
March 12, 2011 Filing 41 MEMORANDUM OF LAW in Opposition re: #32 MOTION in Limine to preclude testimony of Tara Loughran, Susan Oreskin and Bonnie Hunt.. Document filed by Dieudonne Abel. (Attachments: #1 Exhibit Complaint, #2 Exhibit Rule 26(a) Disclosure, #3 Exhibit July 6, Email)(Presseau, Matthew)
March 4, 2011 Filing 40 PROPOSED JURY INSTRUCTIONS. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Hummel, Zachary)
March 4, 2011 Filing 39 NOTICE of Joint Proposed Special Verdict Form. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Hummel, Zachary)
March 4, 2011 Filing 38 NOTICE of Proposed Joint Pretrial Order. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Hummel, Zachary)
March 4, 2011 Filing 37 PROPOSED VOIR DIRE QUESTIONS. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Hummel, Zachary)
March 4, 2011 Filing 36 AFFIDAVIT of Todd Buchanan in Support re: #34 MOTION in Limine to preclude testimony of Rudy Smith, Louis Velasquez, Omar McKenzie, Edwin DeLoatch, Mohamed Ali, Jimmy Gary, Vaughn Smallwood and Alain Davis.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Hummel, Zachary)
March 4, 2011 Filing 35 MEMORANDUM OF LAW in Support re: #34 MOTION in Limine to preclude testimony of Rudy Smith, Louis Velasquez, Omar McKenzie, Edwin DeLoatch, Mohamed Ali, Jimmy Gary, Vaughn Smallwood and Alain Davis.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Attachments: #1 Exhibit 1 Part A, #2 Exhibit 1 Part B, #3 Exhibit 1 Part C, #4 Exhibit 1 Part D)(Hummel, Zachary)
March 4, 2011 Filing 34 MOTION in Limine to preclude testimony of Rudy Smith, Louis Velasquez, Omar McKenzie, Edwin DeLoatch, Mohamed Ali, Jimmy Gary, Vaughn Smallwood and Alain Davis. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Hummel, Zachary)
March 4, 2011 Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION in Limine to preclude testimony of Tara Loughran, Susan Oreskin and Bonnie Hunt.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 Part A, #5 Exhibit 4 Part B, #6 Exhibit 4 Part C, #7 Exhibit 4 Part D)(Hummel, Zachary)
March 4, 2011 Filing 32 MOTION in Limine to preclude testimony of Tara Loughran, Susan Oreskin and Bonnie Hunt. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Hummel, Zachary)
March 4, 2011 Filing 31 PRETRIAL MEMORANDUM. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Hummel, Zachary)
February 28, 2011 Opinion or Order Filing 30 STIPULATION OF DISMISSAL AND REQUEST TO AMEND THE CAPTION: Based on the representation set forth in paragraph 1(a) through 1(f) above, the parties hereby stipulate and agree that the above entitled action, including any and all rights of appeal related thereto, be and hereby is dismissed as against Town Sports International Holdings, inc. with prejudice and without costs or attorneys' fees to any party against the other. So Ordered (Signed by Judge Denise L. Cote on 2/28/2011) (js)
February 24, 2011 Opinion or Order Filing 29 ORDER that by 5:00pm on 2/24, plaintiff's counsel must inform defendants' counsel if his client still intends to call Dr. Marthe Abraham to testify at trial. If so, defendants will be allowed to take a psychiatric examination of plaintiff conducted by their expert during the week beginning 2/28.....This Order does not change the 3/4/11 deadline for the filing of the pretrial order. (Signed by Judge Denise L. Cote on 2/24/11) (cd)
January 7, 2011 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Telephone settlement status Conference held on 1/7/2011. (mro)
December 28, 2010 Opinion or Order Filing 28 ORDER: Fact Discovery due by 1/28/2011. Summary Judgment Motions due by 2/25/2011. Responses due by 3/18/2011. Replies due by 4/1/2011. Pretrial Order due by 3/4/2011. (Signed by Judge Denise L. Cote on 12/23/10) (db)
December 23, 2010 Opinion or Order Filing 27 OPINION AND ORDER: #99810 The defendants' November 24 motion to enforce the settlement agreement is denied. An Order establishing a schedule for the remainder of the pretrial proceedings shall issue separately.Motions terminated: #16 MOTION to Enforce the Settlement Agreement. filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Signed by Judge Denise L. Cote on 12/23/10) (mro) Modified on 1/6/2011 (ajc).
December 23, 2010 Opinion or Order Filing 26 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Denise L. Cote on 12/23/10) (db)
December 17, 2010 Filing 25 AFFIRMATION of Christopher R. Strianese in Support re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hummel, Zachary)
December 17, 2010 Filing 24 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Hummel, Zachary)
December 10, 2010 Filing 23 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Dieudonne Abel. (Presseau, Matthew)
December 10, 2010 Filing 22 AFFIDAVIT of Dieudonne Abel in Opposition re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Dieudonne Abel. (Presseau, Matthew)
December 10, 2010 Filing 21 AFFIRMATION of Matthew Presseau in Opposition re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Dieudonne Abel. (Presseau, Matthew)
November 29, 2010 Opinion or Order Filing 20 ORDER: Accordingly, it is hereby ORDERED that the plaintiff's opposition must be submitted by December 10. The defendants' reply, if any, must be submitted by December 17. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. (Signed by Judge Denise L. Cote on 11/29/2010) (jfe)
November 24, 2010 Filing 19 AFFIDAVIT of Nitin Ajmera in Support re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Strianese, Christopher)
November 24, 2010 Filing 18 AFFIRMATION of Christopher R. Strianese in Support re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Strianese, Christopher)
November 24, 2010 Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Enforce the Settlement Agreement.. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC. (Strianese, Christopher)
November 24, 2010 Filing 16 MOTION to Enforce the Settlement Agreement. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Strianese, Christopher)
November 8, 2010 Opinion or Order Filing 15 ENDORSED LETTER addressed to Judge Denise L. Cote from Matthew Presseau dated 11/5/10 re: Request for a 30 day extension of time to restore this action to the Court's calendar. ENDORSEMENT: The October 8 Order is extended to December 10, 2010. (Signed by Judge Denise L. Cote on 11/8/10) (db)
October 9, 2010 Opinion or Order Filing 14 ORDER OF DISCONTINUANCE: It is hereby ordered that the above-captioned action is hereby discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within 30 days. So Ordered (Signed by Judge Denise L. Cote on 10/8/2010) (js)
September 3, 2010 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 9/3/2010. (mro)
August 26, 2010 Opinion or Order Filing 13 ENDORSED LETTER addressed to Judge Denise L. Cote from Christopher R. Strianese dated 8/24/2010 re: Requesting a 60 day extension as follows: All fact discovery shall be completed by November 24, 2010. Plaintiffs identification of experts and disclosures of expert testimony conforming to the requirements of Rule 26(a)(2)(B), F.R.C.P., must occur by December 8, 2010. Defendants identification of experts and disclosure of expert testimony must occur by December 30, 2010. All expert discovery must be completed by January 19, 2011. Any motion for summary judgment shall be served by February 17, 2011; Opposition served by March 14, 2011; Reply served by March 31, 2011. In the event no motion for summary judgment is filed the Joint Pretrial Order must filed by February 17, 2011. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/26/2010) (jpo)
August 23, 2010 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 8/23/2010. Follow up Sett. Status T/C set for 9/3/2010 at 02:00 PM before Magistrate Judge Debra C. Freeman. (mro)
March 9, 2010 Opinion or Order Filing 12 PRETRIAL SCHEDULING ORDER: Parties shall comply with their Rule 26(a)(1) FRCP, initial disclosure obligations by 3/19/10. The plaintiff shall provide his medical release forms to the defendants by 3/19/10. No additional parties may be joined or pleadings amended after 3/26/10. The parties are instructed to contact the chambers of Magistrate Judge Freeman prior to 7/6/10 in order to pursue settlement discussions under her supervision. All fact discovery must be completed by 9/24/10. Plaintiff's identification of experts and disclosure of expert testimony conforming to the requirements of Rule 26(a)(2)(B) FRCP must occur by 10/8/10. All expert discovery must be completed by 11/19/10. Any motion for summary judgment served by 12/17/10. Opposition served by 1/14/11. Reply served by 1/21/11. In the event no motion is filed, the joint pretrial order must be filed by 12/17/10. (Signed by Judge Denise L. Cote on 3/8/10) (dle)
March 5, 2010 Opinion or Order Filing 11 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Denise L. Cote on 3/5/10) (dle)
February 19, 2010 Filing 10 ANSWER to Complaint. Document filed by Town Sports International Holdings, Inc., Town Sports International, LLC.(Strianese, Christopher)
February 19, 2010 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Town Sports International Holdings, Inc..(Strianese, Christopher)
February 19, 2010 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Town Sports International Holdings, Inc. as Corporate Parent. Document filed by Town Sports International, LLC.(Strianese, Christopher)
January 12, 2010 Filing 7 NOTICE OF APPEARANCE by Zachary Allan Hummel on behalf of Town Sports International Holdings, Inc., Town Sports International, LLC (Hummel, Zachary)
January 12, 2010 Filing 6 NOTICE OF APPEARANCE by Brian Jason Turoff on behalf of Town Sports International Holdings, Inc., Town Sports International, LLC (Turoff, Brian)
January 11, 2010 Opinion or Order Filing 5 STIPULATION AND ORDER: The time for defendant's to answer, make a motion with respect to, or otherwise respond to the complaint in this action is extended from January 12, 2010 up to and including February 19, 2010. Town Sports International Holdings, Inc. answer due 2/19/2010; Town Sports International, LLC answer due 2/19/2010. (Signed by Judge Denise L. Cote on 1/11/10) (db)
January 6, 2010 Filing 4 SUMMONS RETURNED EXECUTED. Town Sports International, LLC served on 12/22/2009, answer due 1/12/2010. Service was accepted by Lauren Oliver. Document filed by Dieudonne Abel. (Presseau, Matthew)
January 6, 2010 Filing 3 SUMMONS RETURNED EXECUTED. Town Sports International Holdings, Inc. served on 12/22/2009, answer due 1/12/2010. Service was accepted by Lauren Oliver. Document filed by Dieudonne Abel. (Presseau, Matthew)
December 30, 2009 Filing 2 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/5/2010 at 11:00 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 12/30/09) (djc)
December 22, 2009 Filing 1 COMPLAINT against Town Sports International Holdings, Inc., Town Sports International, LLC. (Filing Fee $ 350.00, Receipt Number 709952)Document filed by Dieudonne Abel.(mro) (ama).
December 22, 2009 SUMMONS ISSUED as to Town Sports International Holdings, Inc., Town Sports International, LLC. (mro)
December 22, 2009 Case Designated ECF. (mro)
December 22, 2009 Magistrate Judge Debra Freeman is so designated. (mro)

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Plaintiff: Dieudonne Abel
Represented By: Matthew Eiichi Presseau
Represented By: Robert B. Davis
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Defendant: Town Sports International Holdings, Inc.
Represented By: Brian Jason Turoff
Represented By: Christopher Robert Strianese
Represented By: Zachary Allan Hummel
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Defendant: Town Sports International, LLC
Represented By: Christopher Robert Strianese
Represented By: Zachary Allan Hummel
Represented By: Brian Jason Turoff
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