Equal Employment Opportunity Commission v. Kelley Drye & Warren, LLP Featured Case
Plaintiff: Equal Employment Opportunity Commission
Defendant: Kelley Drye & Warren, LLP
Case Number: 1:2010cv00655
Filed: January 28, 2010
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Laura Taylor Swain
Nature of Suit: Employment
Cause of Action: 29 U.S.C. § 626
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 9, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2012 Filing 120 CONSENT DECREE #12,0587 on behalf of Eugene D'Ablemont against Kelley Drye & Warren, LLP in the amount of $ 574,000. (Signed by Magistrate Judge Michael H. Dolinger on 4/10/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml)
April 5, 2012 Filing 119 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Equal Employment Opportunity Commission, Kelley Drye & Warren, LLP. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 4/5/2012) (rjm)
April 2, 2012 Filing 118 NOTICE of Documents Filed Pursuant to March 2, 2012 Order of the Court re: 113 Order,,,. Document filed by Kelley Drye & Warren, LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(O'Keefe, Joseph)
March 26, 2012 Filing 117 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joseph C O'Keefe dated 3/23/2012 re: counsel to Kelley Drye & Warren LLP. writes that by Order dated March 2, 2012, the Court ordered Defendant to file unsealed copies of certain documents which were filed under seal in connection with the EEOC's motion for Partial Summary Judgment. Defendants respectfully requests an additional 7-day extension of time (from March 26, 2012 to April 2, 2012) for Kelley Drye to comply with the Court's Order. ENDORSEMENT: The requests is granted. (Signed by Judge Laura Taylor Swain on 3/23/2012) (pl)
March 16, 2012 Filing 116 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Bettina B. Plevan dated 2/24/2012 re: We are counsel to Kelley Drye & Warren LLP ("Kelley Drye") in the above matter. By Order dated March 2, 2012, the Court ordered Defendant to file unsealed copies of certain documents which were filed under seal in connection with the EEOC's motion for Partial Summary Judgment. Due to client travel and other scheduling issues, we write to respectfully request a 10-day extension of time (from March 16, 2012 to March 26, 2012) for Kelley Drye to comply with the Court's Order. Jeffrey Burstein of the EEOC has consented to this request. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 3/16/2012) (djc)
March 8, 2012 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held with parties on 3/8/2012. (rjm)
March 6, 2012 Opinion or Order Filing 115 ORDER: Settlement Conference set for 3/9/2012 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 3/6/2012) Copies Sent By Chambers. (ab)
March 5, 2012 Filing 114 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Burstein dated 3/5/2012 re: Counsel writes to inform that EEOC would like the opportunity to file a short reply to this letter, which EEOC can submit by the end of the day on Wednesday March 7, 2012. ENDORSEMENT: Granted. (Signed by Magistrate Judge Michael H. Dolinger on 3/5/2012) (jfe)
March 2, 2012 Opinion or Order Filing 113 MEMORANDUM ORDER: For the foregoing reasons, the Court finds that Kelley Drye has not shown cause as to why certain documents submitted in this action under seal should remain under seal. Kelley Drye is hereby directed to file on the ECF system, under a cover sheet bearing the case caption and labeled "Documents Filed Pursuant to March 2, 2012 Order of the Court," copies of the following documents, redacted only to the extent necessary to conceal client names and other client-identifying information implicating the attorney-client privilege: Exhibits A through I, and L attached to the Declaration of Eugene T. D'Ablemont (docket entry no. 43); Exhibits A, B, E, F, and I attached to the Declaration ofJohn M. Callagy (docket entry no. 54); and Exhibits 5 through 7 attached to the Reply Declaration of Eugene T. D'Ablemont (docket entry no. 60). The documents must be filed by March 19,2012. (Signed by Judge Laura Taylor Swain on 3/2/2012) (cd)
February 29, 2012 Filing 112 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Bettina B. Plevan dated 2/21/2012 re: counsel for defendant write with respect to a dispute concerning the inadvertent production of a privileged document notwithstanding Kelley Drye's best efforts to resolve the issue. Kelley Drye therefore seeks an Order requiring the immediate return or destruction of all inadvertently produced copies of the document. In light of the forgoing Kelley Drye respectfully requests a conference to discuss resolution of this dispute. ENDORSEMENT: If defendant wishes to pursue return of the document, it is to do so by formal motion since it has the burden of establishing by competent evidence the facts on which its privilege claim is based. (Signed by Magistrate Judge Michael H. Dolinger on 2/29/2012) (pl)
February 29, 2012 Opinion or Order Filing 111 ORDER: plaintiff having submitted a letter request for a conference pursuant to Local Rule 37.2 regarding the production of so-called comparator pay information, defendant is to submit a written response, if any, by no later than FRIDAY, MARCH 2, 2012. ( Responses due by 3/2/2012) (Signed by Magistrate Judge Michael H. Dolinger on 2/29/2012) Copies Sent By Chambers. (pl)
February 23, 2012 Filing 110 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Bettina B. Plevan dated 2/23/2012 re: Counsel writes on behalf of the parties to seek an extension ofthe discovery deadline to April 13, 2012. ENDORSEMENT: Application granted. ( Discovery due by 4/13/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 2/23/2012) (jfe)
February 21, 2012 Filing 109 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Burstein dated 2/14/2012 re: Counsel for the plaintiff requests a conference pursuant to Local Rule 37.2 concerning the refusal of Defendant Kelley Drye & Warren ("Kelley Drye" or the "Firm"), to produce a significant witness, Bud Holman, for deposition on the grounds that this would be Plaintiff EEOC's eleventh deposition. ENDORSEMENT: Plaintiff has adequately justified taking a brief eleventh deposition, of Bud Holman, Esq., in view of his position at the firm and his reported earlier complaint about compensation. The deposition is limited to three hours. (Signed by Magistrate Judge Frank Maas on 2/21/2012) (ft)
January 30, 2012 ***DELETED DOCUMENT. Deleted document number 109 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Burstein dated 1/30/2012. The document was incorrectly filed in this case. (ad)
January 5, 2012 Opinion or Order Filing 108 ORDER: The parties are to provide a written status report to the court by no later than THURSDAY, 1/19/2012. The deadline to complete fact discovery is extended to WEDNESDAY, 2/29/2012. Fact Discovery due by 2/29/2012. (Signed by Magistrate Judge Michael H. Dolinger on 1/5/2012) Copies Mailed By Chambers. (ft)
December 20, 2011 Filing 107 SEALED DOCUMENT placed in vault.(nm)
December 20, 2011 Opinion or Order Filing 106 ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above captioned action on THURSDAY, JANUARY 5, 2012. At any time between 10:15 A.M. and 1:00 P.M., the parties are directed to jointly call Chambers at (212) 805-0204 when all parties are on the line. (Signed by Magistrate Judge Michael H. Dolinger on 12/19/2011) (js)
December 19, 2011 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 12/19/2011. (js)
December 16, 2011 Opinion or Order Filing 105 ORDER: The Court has reviewed docket entry No. 43, which is comprised of documents filed under seal in connection with Plaintiff's Motion for Partial Summary, and finds that the materials under seal do not include Exhibits A through L to the Declaration of Eugene T. D' Ablemont. Plaintiff is directed to file these exhibits under seal by 12/21/2011. (Signed by Judge Laura Taylor Swain on 12/16/2011) (ft)
December 14, 2011 Opinion or Order Filing 104 ORDER: In light of the current discovery schedule, the Final Pretrial Conference currently scheduled for Friday, December 16, 2011, is hereby rescheduled to Friday, May 4, 2011, at 10:00 a.m. in Courtroom 11C.( Final Pretrial Conference set for 5/4/2011 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/13/2011) (mro)
December 13, 2011 Opinion or Order Filing 103 ORDER: The Telephone Conference originally scheduled in the above captioned action for FRIDAY, 12/16/2011 at 10:00 A.M. has been re-scheduled for MONDAY, 12/19/2011 at 3:00 P.M., at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. (Signed by Magistrate Judge Michael H. Dolinger on 12/12/2011) Copies Faxed By Chambers. (ft)
December 2, 2011 Minute Order Proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 12/2/2011 with parties. (cd)
December 2, 2011 Opinion or Order Filing 102 ORDER: It is hereby ORDERED a telephone conference has been scheduled the above-captioned action on FRIDAY, DECEMBER 16, 2011 at 10:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Telephone Conference set for 12/16/2011 at 10:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 12/2/2011) Copies Sent By Chambers. (mro)
November 22, 2011 Filing 101 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from the Law Office of Eugene T. D'Ablemont, Esq. dated 11/21/2011 re: I last wrote you on September 30, 2011 pursuant to your agreement with the EEOC's position during the hearing on July 15, 2011 that I had a right to be heard, separate and apart from the EEOC, on matters that directly impact me. ENDORSEMENT: To the extent that Mr. D'Ablemont wishes to participate in a forthcoming telephone status conference, that request is denied. The conference is for counsel only and seeks solely to ensure that the parties provide each other necessary information on a timely basis and continue to pursue discussions as to possible settlement terms. We have no reason at this time to believe that the EEOC is not adequately pursuing its mandates in these respects. (Signed by Magistrate Judge Michael H. Dolinger on 11/21/2011) (djc)
November 22, 2011 Opinion or Order Filing 100 ORDER: a telephone conference has been scheduled in the above captioned action on FRIDAY, DECEMBER 2, 2011 at 11:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. (Telephone Conference set for 12/2/2011 at 11:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 11/22/2011) Copies Sent By Chambers. (djc)
November 14, 2011 Opinion or Order Filing 99 ORDER: that a telephone conference has been scheduled in the above captioned action on TUESDAY, NOVEMBER 22, 2011 at 10: 00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line.Additional relief as set forth in this Order. ( Telephone Conference set for 11/22/2011 at 10:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 11/14/2011) Copies Sent By Chambers. (pl)
October 31, 2011 Filing 98 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held with the parties on 10/31/2011. (mro)
October 31, 2011 Opinion or Order Filing 97 ORDER: that a telephone conference has been scheduled in the above- captioned action on MONDAY,NOVEMBER 14, 2011 at 10:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. Additional relief as set forth in this Order. ( Telephone Conference set for 11/14/2011 at 10:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 10/31/2011) Copies Sent By Chambers. (pl) Modified on 10/31/2011 (pl). (pl).
October 28, 2011 Filing 96 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Bettina B. Plevan dated 10/27/2011 re: On October 19, 2011, Your Honor granted the parties joint request' for a two month extension of fact discovery. In the parties' joint request we stated that we would provide a proposed schedule for the completion of expert discovery and dispositive motions. We have consulted with the EEOC and our proposed schedule follows: January 16, 2012: Initial expert designation February 15,1012: Expert counter designation March 2, 2012: Expert report from experts designated initially on January 16 April 2, 2012: Expert reports due for experts counter designated on February 15 April 16, 2012: Expert reports in reply to reports served on March 2, 2012 April 2 April 30, 2012: Comp1etion of expert depositions May 25, 2012: Deadline for dispositive motion (this deadline would be moved to April 27 if no experts are designated. ENDORSEMENT: The proposed amendments to the current pretrial schedule are adopted., ( Deposition due by 4/30/2012., Motions due by 4/27/2011.) (Signed by Magistrate Judge Michael H. Dolinger on 10/27/2011) (js)
October 21, 2011 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 10/21/2011. (ft)
October 21, 2011 Opinion or Order Filing 95 ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above-captioned action on MONDAY, OCTOBER 31, 2011 at 9:30 A.M. at which time the parties are directed to jointly call chambers.Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent the of those parties. SO ORDERED.( Telephone Conference set for 10/31/2011 at 09:30 AM before Judge Laura Taylor Swain.) (Signed by Magistrate Judge Michael H. Dolinger on 10/21/2011) Copies Mailed By Chambers. (ama)
October 19, 2011 Filing 94 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Bettina Plevan and Jeffrey Burstein dated 10/19/2011 re: Please accept this letter as a joint request of both parties for a two-month extension for completion of fact discovery. ENDORSEMENT: At the parties' request, the deadline to complete fact discovery is extended to January 31, 2012. ( Discovery due by 1/31/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 10/19/2011) (lmb)
October 18, 2011 Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/9/11 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)
October 18, 2011 Filing 92 TRANSCRIPT of Proceedings re: Conference held on 9/9/2011 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 11/11/2011. Redacted Transcript Deadline set for 11/21/2011. Release of Transcript Restriction set for 1/19/2012.(McGuirk, Kelly)
October 7, 2011 Opinion or Order Filing 91 ORDER: Telephone Conference set for 10/21/2011 at 03:00 PM before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 10/6/2011) Copies Mailed By Chambers. (ft)
September 23, 2011 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/24/2011.(ms)
September 16, 2011 Opinion or Order Filing 90 ORDER: Having reviewed the EEOC's objections and the motion papers in connection therewith, the Court concludes that nothing in Judge Dolinger's order is "clearly erroneous or... contrary to law." See Fed. R. Civ. P. 72(a). The EEOC's request that this Court reverse the July 15, 2011, order is, therefore, denied. (Signed by Judge Laura Taylor Swain on 9/16/2011) (pl)
September 14, 2011 Opinion or Order Filing 89 ORDER: The Clerk of Court is respectfully requested to terminate docket entry no. 87 and any mediation arrangements in connection therewith. (Signed by Judge Laura Taylor Swain on 9/14/2011) (djc)
September 14, 2011 ***DELETED DOCUMENT. Deleted document number 87 MEDIATION REFERRAL. The document deleted from case pursuant to Order dated 9/14/2011, document #89. (djc)
September 12, 2011 Opinion or Order Filing 88 ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action on THURSDAY, OCTOBER 6, 2011, at 2:00 P.M., at which time you are directed to appear in Courtroom l7D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties.( Settlement Conference set for 10/6/2011 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 9/9/2011) Copies Sent By Chambers. (mro)
September 7, 2011 Filing 86 ANSWER to Complaint. Document filed by Kelley Drye & Warren, LLP.(Plevan, Bettina)
August 31, 2011 Opinion or Order Filing 85 ORDER, that a conference has been scheduled in the above-captioned action on FRIDAY, SEPTEMBER 9, 2011, at 10:00 A.M. at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York New York 10007-1312. Additional relief as set forth in this Order. ( Status Conference set for 9/9/2011 at 10:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 8/31/11) Copies Sent By Chambers. (pl)
August 26, 2011 Filing 84 SECOND AMENDED COMPLAINT amending 20 Amended Complaint against Kelley Drye & Warren, LLP with JURY DEMAND.Document filed by Equal Employment Opportunity Commission. Related document: 20 Amended Complaint filed by Equal Employment Opportunity Commission.(lmb) (msa).
August 22, 2011 Filing 83 JOINT MEMORANDUM OF LAW Concerning Documents Filed Under Seal. Document filed by Kelley Drye & Warren, LLP. (Plevan, Bettina)
August 19, 2011 Filing 82 ENDORSED LETTER addressed to Judge Laura Taylor Swain from 8/18/11 dated 8/18/2011 re: Request for additional time to Monday, 8/22/2011 to file the submission in connection with the EEOC's motion for partial summary judgment. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 8/18/2011) (cd)
August 18, 2011 Filing 81 REPLY MEMORANDUM OF LAW re: 79 Opposition Brief. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
August 15, 2011 Filing 80 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joseph C. O'Keefe dated 8/15/2011 re: The parties write to request that the Court permit them to submit a separate memoranda, not to exceed eight pages each, rather than the originally requested ten page joint submission. ENDORSEMENT: A joint submission of up to 16 pages may be filed. (Signed by Judge Laura Taylor Swain on 8/15/2011) (ab)
August 12, 2011 Filing 79 OPPOSITION BRIEF re: 72 Objection (non-motion). Document filed by Kelley Drye & Warren, LLP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Plevan, Bettina)
August 11, 2011 Filing 78 STIPULATION CONSENTING TO FILING OF SECOND AMENDED COMPLAINT: Plaintiff EEOC is granted leave to file a Second Amended Complaint on consent of Defendant. (Signed by Judge Laura Taylor Swain on 8/11/2011) (ab)
August 2, 2011 Filing 77 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joseph O'Keefe dated 8/2/11 re: Request to extend time to respond to plaintiff's objections to Report and Recommendation of Magistrate Judge Doliner. ENDORSEMENT: The request is granted. Response due by 8/12/2011. Reply due by 8/19/2011. (Signed by Judge Laura Taylor Swain on 8/2/11) (cd)
August 1, 2011 Filing 76 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Burstein dated 8/1/2011 re: The parties write to request a ten-day extension for the joint submission as to why documents submitted under seal in connection with EEOC's partial summary judgment motion should not be unsealed, making the due date August 18, 2011. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 8/1/2011) (ab)
August 1, 2011 Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/15/11 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)
August 1, 2011 Filing 74 TRANSCRIPT of Proceedings re: Conference held on 7/15/2011 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Linda Fisher, (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 8/25/2011. Redacted Transcript Deadline set for 9/5/2011. Release of Transcript Restriction set for 11/3/2011.(McGuirk, Kelly)
July 29, 2011 Filing 73 Objection re: 71 Objection (non-motion) Declaration of Jeffrey Burstein. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
July 29, 2011 Filing 72 Objection re: 71 Objection (non-motion) Memorandum of Law in Support of Objections. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
July 29, 2011 Filing 71 Objection to Magistrate's Discovery Orders. Document filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit certificate of service)(Burstein, Jeffrey)
July 25, 2011 Opinion or Order Filing 70 MEMORANDUM ORDER: For the foregoing reasons, the EEOC's motion for partial summary judgment dismissing KD's nineteenth affirmative defense is granted insofar as the defense relates to D'Ablemont's client development funds and write-offs oflegal services, and denied insofar as it relates to the payments D'Ablemont received pursuant to third-party retainer agreements with KD clients. This memorandum order resolves docket entry no. 38. (Signed by Judge Laura Taylor Swain on 7/25/11) (laq) Modified on 7/26/2011 (ajc). Modified on 7/26/2011 (ajc).
July 25, 2011 Opinion or Order Filing 69 MEMORANDUM AND OPINION: #100569 For the foregoing reasons, the EEOC's motion to strike certain affinnative defenses is granted as to Defendant's fourth, ninth, tenth, eleventh, and seventeenth defenses, and is denied as to Defendant's thirteenth,fifteenth, sixteenth, and eighteenth defenses. This memorandum opinion and order resolves docket entry no. 10. (Signed by Judge Laura Taylor Swain on 7/25/11) (laq) Modified on 7/26/2011 (ajc).
July 25, 2011 Opinion or Order Filing 68 ORDER that the parties to this action must, no later than 8/8/11, show cause, in a joint written submission no longer than 10 pages, as to why the documents submitted in this action under seal should not be unsealed. (Signed by Judge Laura Taylor Swain on 7/25/11) (cd)
July 11, 2011 Opinion or Order Filing 67 ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on FRIDAY, JULY 15, 2011, at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007 1312. (Signed by Magistrate Judge Michael H. Dolinger on 7/8/2011) Copies Sent By Chambers. (jfe)
June 30, 2011 Filing 66 SEALED DOCUMENT placed in vault.(mps)
June 30, 2011 Opinion or Order Filing 65 ORDER: By endorsed order dated June 28, 2011, we declined to consider a letter of the same date sent to the Court by non-party Eugene D'Ablemont, Esq. That order and apparently the entire letter were then e-filed on the Court's electronic filing system. Because the letter contains confidential information, the parties successfully obtained a temporary sealing of the letter, and defendant now applies for removal of letter from the electronic filing system. (June 30, 2011 Letter to the Court from Joseph C. O'Keefe Esq.). This application is granted. The Clerk of the Court is requested to remove the letter from the Court's electronic filing system. Instead, the letter is to be filed under seal, and only a copy of the first page of the letter, which contains the endorsed order and no confidential information, is to be publicly filed. (Signed by Magistrate Judge Michael H. Dolinger on 6/30/2011) Copies Sent By Chambers. (jfe)
June 30, 2011 Transmission to Sealed Records Clerk. Transmitted re: 65 Order,,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jfe)
June 27, 2011 Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/7/2011 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)
June 27, 2011 Filing 62 TRANSCRIPT of Proceedings re: Conference held on 6/7/2011 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Andrew Walker, (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 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of Transcript Restriction set for 9/29/2011.(McGuirk, Kelly)
June 1, 2011 Opinion or Order Filing 61 ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on TUESDAY, JUNE 7, 2011, at 10:00 A.M., at which time you are directed to appear Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. (Signed by Magistrate Judge Michael H. Dolinger on 5/31/2011) Copies Sent By Chambers. (jfe)
May 27, 2011 Filing 60 SEALED DOCUMENT placed in vault.(mps)
May 26, 2011 Filing 59 REPLY AFFIDAVIT of Reply Declaration of Eugene T. D'Ablemont in Support re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
May 20, 2011 Filing 58 ENDORSED LETTER addressed to Judge Laura T. Swain from Jeffrey Burnstein dated 5/19/2011 re: The parties believe that agreement could be reached if EEOC and Kelley Dyre were given an additional week to negotiate what will be publicly filed. ENDORSEMENT: The proposed procedure and extension are acceptable. (Signed by Judge Laura Taylor Swain on 5/20/2011) (jpo)
May 19, 2011 Filing 57 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
May 17, 2011 Filing 56 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Eugene T. D'Ablemont dated 5/5/2011 re: Counsel request Your Honor's consideration of the non-party's opposition to defendant's subpoena request no. 12. ENDORSEMENT: Mr. D'Ablemont is ordered to produce to defendant the time logs and any other documents pertaining to the services he has rendered to the two clients at issue. These documents were encompassed in defendants June 2010 subpoena to him and are plainly relevant to issues in this case (and would be so irrespective of the disposition of plaintiff's pending Rule 56 motion) Production is to be made within ten days. So Ordered. (Signed by Magistrate Judge Michael H. Dolinger on 5/13/2011) (jfe)
May 6, 2011 Opinion or Order Filing 55 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Burstein, dated 5/6/2011, re: Plaintiff Equal Employment Opportunity Commission ("EEOC") hereby respectfully requests a one week extension of time for EEOC to submit its reply to Defendant's submissions opposing EEOC's motion for partial summary judgment. This would extend EEOC's time to file its reply papers from May 12, 2011 to May 19, 2011. Counsel for Defendant has consented to this extension request. ENDORSEMENT: The request is granted. SO ORDERED. (Reply due by 5/19/2011) (Signed by Judge Laura Taylor Swain on 5/6/2011) (lnl)
April 29, 2011 Filing 54 SEALED DOCUMENT placed in vault.(mps)
April 28, 2011 Filing 53 COUNTER STATEMENT TO 42 Rule 56.1 Statement. Document filed by Kelley Drye & Warren, LLP. (Plevan, Bettina)
April 28, 2011 Filing 52 DECLARATION of Joseph C. O'Keefe in Opposition re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Kelley Drye & Warren, LLP. (Attachments: # 1 Exhibit A)(Plevan, Bettina)
April 28, 2011 Filing 51 DECLARATION of Thomas Carty in Opposition re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Kelley Drye & Warren, LLP. (Plevan, Bettina)
April 28, 2011 Filing 50 DECLARATION of John M. Callagy in Opposition re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Kelley Drye & Warren, LLP. (Attachments: # 1 Exhibit A-I)(Plevan, Bettina)
April 28, 2011 Filing 49 MEMORANDUM OF LAW in Opposition re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Kelley Drye & Warren, LLP. (Plevan, Bettina)
April 28, 2011 Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/13/11 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)
April 28, 2011 Filing 47 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/13/11 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Alena Lynch, (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 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 8/1/2011.(McGuirk, Kelly)
April 22, 2011 Filing 46 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Burstein, dated 4/22/2011, re: At the end ofthe April 13, 2011 conference before Your Honor concerning discovery issues raised by Plaintiff EEOC, Defendant raised an issue that had not been the subject of a pre-motion letter, its request for time logs and records Mr. D'Ablemont kept regarding his work for his clients Cox Reps, TeleRep and HRP for a ten-year period. Your Honor stated that EEOC should respond to this request by April 27, 2011. EEOC does not possess these documents; and Mr. D'Ablemont has stated that given the very lengthy time frame of this request, ten years, he will need an additional week to be able to gather and review these documents. Therefore, if Your Honor approves, by May 5, 2011 either EEOC will produce the documents to Defendant; or alternatively (as Your Honor allowed in response to my inquiry at the April 13, 2011 proceeding), Mr. D'Ablemont will move to quash by that date. Defendant has consented to this one-week extension. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 4/22/2011) (lnl)
April 13, 2011 Filing 45 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Joseph C. O'Keefe dated 4/12/2011 re: Counsel for plaintiffs request a 10 day extension of time from April 18, 2011 to April 28, 2011 for Kelley Drye to submit its opposition to this partial summary judgment motion. ENDORSEMENT: Request Granted. So Ordered. (Signed by Judge Laura Taylor Swain on 4/13/2011) (js)
April 11, 2011 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held with parties on 4/11/2011. (mbe)
April 5, 2011 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 4/5/2011. (lnl)
April 5, 2011 Opinion or Order Filing 44 ORDER, that a conference has been scheduled in the above-captioned action on WEDNESDAY, APRIL 13, 2011, at 4:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Status Conference set for 4/13/2011 at 04:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 4/5/11) The Clerks Office Has Mailed Copies. (pl)
April 1, 2011 Filing 43 SEALED DOCUMENT placed in vault.(mps)
March 30, 2011 Filing 42 RULE 56.1 STATEMENT. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
March 30, 2011 Filing 41 DECLARATION of Jeffrey Burstein in Support re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
March 30, 2011 Filing 40 DECLARATION of Eugene T. D'Ablemont in Support re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
March 30, 2011 Filing 39 MEMORANDUM OF LAW in Support re: 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
March 30, 2011 Filing 38 MOTION for Partial Summary Judgment to dismiss Nineteenth Affirmative Defense. Document filed by Equal Employment Opportunity Commission. Responses due by 4/20/2011 (Attachments: # 1 Affidavit certificate of service)(Burstein, Jeffrey)
March 29, 2011 Opinion or Order Filing 37 STIPULATION AND ORDER FOR THE FILING UNDER SEAL OF DOCUMENTS MARKED "CONFIDENTIAL": In Plaintiff EEOC's forthcoming motion for partial summary judgment to dismiss Kelley Drye's Nineteenth Affirmative Defense, Plaintiff EEOC will not publicly file, via ECF, any documcnts that have been designated by Kelley Drye as "confidential" in this litigation. Instead, documents previously designated as "confidential" will be filed with the Court under seal. Additionally, EEOC will only publicly file redacted versions of its supporting Declaration of Eugene T. D' Ablemont and its Rule 56.1 statement in support of its motion, redacting those portions of such documents that Kelley Dryc has asserted contain "confidential information" under the Confidentiality Order in effect in this case, with unredacted versions of these documents to be filed with the Court under seal. EEOC has reserved the right to challenge the confidentiality designations of those documents and information going forward consistent with the Confidentiality Order. (Signed by Judge Laura Taylor Swain on 3/29/2011) (jpo)
February 16, 2011 Opinion or Order Filing 36 ORDER, It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action on TUESDAY, MARCH 8, 2011, at 2:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Additional relief as set forth in this Order. ( Settlement Conference set for 3/8/2011 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 2/16/11) Copies Sent By Chambers. (pl)
February 10, 2011 Opinion or Order Filing 35 ORDER: All fact discovery is to be completed by THURSDAY, JUNE 30, 2011. The parties must make their initial expert witness disclosures described in Rule 26(a) (2) of the Federal Rules of Civil Procedure, if any, no later than MONDAY, JULY 25, 201l. Rebuttal disclosures must be made no later than THURSDAY, AUGUST 25, 2011. Such disclosures must be made in writing, signed and served, but must not be filed with the Court. All remaining expert witness discovery is to be completed by FRIDAY, SEPTEMBER 23, 2011. Any potentially dispositive motions must be served and filed on or before FRIDAY, OCTOBER 28, 2011. The parties are directed to appear before The Honorable Laura Taylor Swain, United States District Judge, for a final pretrial conference on FRIDAY, DECEMBER 16, 2011, at 11:00 A.M. This date shall replace the date set in paragraph 9 of Judge Swain's order of May 7, 2010, for purposes of all other deadlines set in that order by reference to that date. (Signed by Magistrate Judge Michael H. Dolinger on 2/10/2011) Copies Mailed By Chambers. (jfe)
January 20, 2011 Opinion or Order Filing 34 MEMORANDUM & ORDER: Defendant's application for a protective order is granted to the extent noted. The EEOC is to return to Mr. D'Ablemont the unredacted memorandum and exhibits and the law firm is to supply to the EEOC an appropriately redacted set of the same documents. (See MEMORANDUM & ORDER as set forth) (Signed by Magistrate Judge Michael H. Dolinger on 1/19/2011) Copies Mailed By Chambers. (lnl)
January 3, 2011 Opinion or Order Filing 33 ORDER: Defendant having submitted a letter requesting the Court's intervention in a discovery dispute, it is hereby ORDERED that: Plaintiff is to serve and file its opposition to plaintiff's request, if any, by FRIDAY, JANUARY 7, 2011. Defendant's reply papers, if any, must be served and filed by FRIDAY, JANUARY 14, 2011. (Signed by Magistrate Judge Michael H. Dolinger on 1/3/11) Copies Sent By Chambers. (mro)
December 29, 2010 Filing 32 NOTICE OF CHANGE OF ADDRESS by Bettina Barasch Plevan on behalf of Kelley Drye & Warren, LLP. New Address: Proskauer Rose LLP, Eleven Times Square, New York, NY, 10036-8299, 212-969-3000. (Plevan, Bettina)
November 10, 2010 Filing 31 TRANSCRIPT of proceedings held on October 25, 2010 10:17 a.m. before Magistrate Judge Michael H. Dolinger. (ajc)
October 25, 2010 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery conference held on 10/25/2010 with parties. (mbe)
October 25, 2010 Opinion or Order Filing 30 ORDER: All fact discovery is to be completed by THURSDAY, MARCH 31, 2011. The parties must make their initial expert witness disclosures described in Rule 26 (a)(2) of the Federal Rules of Civil Procedure, if any, no later than MONDAY, APRIL 25, 2011. Rebuttal disclosures must be made no later than WEDNESDAY, MAY 25, 2011. All remaining expert witness discovery is to be completed by FRIDAY, JUNE 24, 2011. Any potentially dispositive motions must be and filed served on or before FRIDAY1 JULY 29, 2011. The parties are directed to appear before the Honorable Laura Taylor Swain, United States District judge, for a final pre-trial conference on Friday, September 23, 2011, at 10:00 a.m. (Signed by Magistrate Judge Michael H. Dolinger on 10/25/2010) Copies Sent By Chambers. (jfe)
October 20, 2010 Filing 29 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Burstein dated 10/19/10 re: EEOC requests that it be allowed to respond to defendant letter next week. ENDORSEMENT: Whether a written response is needed will be determined at the 10/25 conference. (Signed by Magistrate Judge Michael H. Dolinger on 10/20/10) (cd)
October 14, 2010 Opinion or Order Filing 28 ORDER Conference set for 10/25/2010 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 10/14/10) Copies Sent By Chambers. (cd)
September 14, 2010 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 9/14/2010. (mro)
September 7, 2010 Opinion or Order Filing 27 ORDER Telephone Conference set for 9/14/2010 at 10:00 AM before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 9/7/10) Copies Sent By Chambers. (cd)
August 16, 2010 Opinion or Order Filing 26 ORDER REGARDING CONFIDENTIAL INFORMATION regarding procedures to be followed that shall govern the handling of confidential material. As amended by Magistrate Judge Michael H. Dolinger in paragraphs 1-2, 4-5, 7-15. (Signed by Magistrate Judge Michael H. Dolinger on 8/16/10) (rjm)
August 16, 2010 Opinion or Order Filing 25 ORDER. We have issued a confidentiality order in the above-captioned matter that adopts portions of both parties' proposed stipulations. In doing so, we decline to order that specific categories of documents be deemed confidential since no party has made a required showing of good cause for doing so. The parties are free, however, to agree to treat as confidential any category of documents or to seek court approval if they cannot agree on a category-by-category basis. As for plaintiff's concern about the handling of discovery materials during motion practice (or at trial), the law does require a stronger showing to justify sealing court documents, and the court will, if called upon, apply that stricter standard if the parties do not agree. Finally, we believe it to be unwieldy at this point to require, as plaintiff requests, that documents be broken down into confidential and non-confidential segments for all purposes. If either side finds a need for such treatment during discovery, it may apply to the court for relief, if the other side will not agree. (Signed by Magistrate Judge Michael H. Dolinger on 8/16/10) Copies Sent By Chambers. (rjm)
August 12, 2010 Opinion or Order Filing 24 ORDER Telephone Conference set for 9/7/2010 at 10:00 AM before Magistrate Judge Michael H. Dolinger, at which time the parties are directed to jointly call chambers at (212)805-0204. Copies sent by chambers (Signed by Magistrate Judge Michael H. Dolinger on 8/12/10) (cd)
August 2, 2010 Filing 23 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Burstein dated 7/26/2010 re: The parties have consulted following the Court's July 23, 2010 Order regarding EEOC's Motion to Strike certain of Defendant's Affirmative Defenses. EEOC renews its original Motion, since the Affirmative Defenses asserted in Defendant's Answer to the Amended Complaint are identical to the Affirmative Defenses asserted in Defendant's Answer to the original Complaint. The parties have agreed that the Motion may be determined based on the original briefing. ENDORSEMENT: The EEOC's motion (docket entry no. 10) is hereby reinstated, effective as of today's date. (Signed by Judge Laura Taylor Swain on 8/2/2010) (ae)
July 23, 2010 Filing 22 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Burstein dated 7/21/2010 re: Counsel for Plaintiff write this request for clarification of Your Honor's June 30, 2010 Order. ENDORSEMENT: The first proposition above is the correct one. The motion may be reviewed as against the amended answer. Counsel should consult and inform the Court as to whether the motion should be reinstated and determined based on the original briefing. (Signed by Judge Laura Taylor Swain on 7/23/2010) (tro)
July 13, 2010 Filing 21 ANSWER to Amended Complaint. Document filed by Kelley Drye & Warren, LLP. Related document: 20 Amended Complaint filed by Equal Employment Opportunity Commission.(Plevan, Bettina)
July 8, 2010 Filing 20 AMENDED COMPLAINT amending 1 Complaint against Kelley Drye & Warren, LLP.Document filed by Equal Employment Opportunity Commission. Related document: 1 Complaint filed by Equal Employment Opportunity Commission.(mro)
June 30, 2010 Filing 19 STIPULATION CONSENTING TO FILING OF AMENDED COMPLAINT ( Amended Pleading due by 7/9/2010.) (Signed by Judge Laura Taylor Swain on 6/30/10) (cd)
June 30, 2010 Opinion or Order Filing 18 ORDER denying 10 Motion to Strike, without prejudice to renewal as against any answer to the Amended Complaint contemplated by the 6/30/10, stipulation between the parties granting Plaintiff leave to amend the Complaint. This order resolves docket entry no. 10. (Signed by Judge Laura Taylor Swain on 6/30/10) (cd)
June 7, 2010 Opinion or Order Filing 17 ORDER, Settlement Conference set for 8/11/2010 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger (Signed by Magistrate Judge Michael H. Dolinger on 6/7/10) Copies sent by chambers(cd)
June 1, 2010 Filing 16 REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Strike Document No. 7 Motion of EEOC to Strike Certain Affirmative Defenses.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
May 20, 2010 Filing 15 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Strike Document No. 7 Motion of EEOC to Strike Certain Affirmative Defenses.. Document filed by Kelley Drye & Warren, LLP. (Attachments: # 1 Appendix Part 1 to MOL in Opp to EEOC MTS, # 2 Appendix Part 2 to MOL in Opp to EEOC MTS, # 3 Appendix Part 3 to MOL in Opp to EEOC MTS, # 4 Appendix Part 4 to MOL in Opp to EEOC MTS, # 5 Appendix Part 5 to MOL in Opp to EEOC MTS)(Plevan, Bettina)
May 7, 2010 Opinion or Order Filing 14 PRE-TRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties, or amendments or joinders as of right, must be made by June 30, 2010. All non-expert witness discovery in this matter must be completed by December 24, 2010. Motions due by 4/29/2011. Discovery due by 3/31/2011. Final Pretrial Conference set for 6/24/2011 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 5/7/2010) (js)
May 7, 2010 Opinion or Order Filing 13 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. Motions referred to Michael H. Dolinger. SO ORDERED (Signed by Judge Laura Taylor Swain on 5/7/2010) (jmi) Modified on 5/24/2010 (jmi).
May 7, 2010 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 5/7/2010. PTC Scheduling Order to follow. Case is referred to MJ Dolinger for GPT. Order to follow. Final Pretrial Conference set for 6/24/2011 at 10:00 AM before Judge Laura Taylor Swain. (mro)
May 3, 2010 Filing 12 DECLARATION of Jeffrey Burstein in Support re: 10 MOTION to Strike Document No. 7 Motion of EEOC to Strike Certain Affirmative Defenses.. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
May 3, 2010 Filing 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Strike Document No. 7 Motion of EEOC to Strike Certain Affirmative Defenses. Memorandum of Law in Support of EEOC Motion to Strike Certain Affirmative Defenses. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
May 3, 2010 Filing 10 MOTION to Strike Document No. 7 Motion of EEOC to Strike Certain Affirmative Defenses. Document filed by Equal Employment Opportunity Commission. Responses due by 5/17/2010(Burstein, Jeffrey)
April 30, 2010 Filing 9 PRELIMINARY PRETRIAL STATEMENT. Document filed by Equal Employment Opportunity Commission, Kelley Drye & Warren, LLP.(Plevan, Bettina)
April 22, 2010 Filing 8 ENDORSED LETTER addressed to Judge Laura T. Swain from Jeffrey Burstein dated 4/20/2010 re: Requesting an extension of time until May 3, 2010 to file a motion to strike. ENDORSEMENT: The requested deadline extension is granted. (Signed by Judge Laura Taylor Swain on 4/21/2010) (jpo)
April 5, 2010 Filing 7 ANSWER to Complaint. Document filed by Kelley Drye & Warren, LLP.(Plevan, Bettina)
April 5, 2010 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying No as Corporate Parent. Document filed by Kelley Drye & Warren, LLP.(Plevan, Bettina)
February 12, 2010 Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Kelley Drye & Warren, LLP waiver sent on 2/2/2010, answer due 4/5/2010. Document filed by Equal Employment Opportunity Commission. (Burstein, Jeffrey)
February 3, 2010 Filing 4 NOTICE OF APPEARANCE by Bettina Barasch Plevan on behalf of Kelley Drye & Warren, LLP (Plevan, Bettina)
February 3, 2010 Filing 3 NOTICE OF APPEARANCE by Joseph C. O'Keefe, Jr on behalf of Kelley Drye & Warren, LLP (O'Keefe, Joseph)
February 2, 2010 Opinion or Order Filing 2 INITIAL CONFERENCE ORDER:... Initial Conference set for 5/7/2010 at 11:45 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 2/2/2010) (tve)
January 28, 2010 Filing 1 COMPLAINT against Kelley Drye & Warren, LLP. Document filed by Equal Employment Opportunity Commission.(ama)
January 28, 2010 SUMMONS ISSUED as to Kelley Drye & Warren, LLP. (ama)
January 28, 2010 Case Designated ECF. (ama)
January 28, 2010 Magistrate Judge Michael H. Dolinger is so designated. (ama)

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Plaintiff: Equal Employment Opportunity Commission
Represented By: Jeffrey Charles Burstein
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Defendant: Kelley Drye & Warren, LLP
Represented By: Joseph C. O'Keefe, Jr
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