Brandever v. Port Imperial Ferry Corp. et al
| Ontario Brandever |
| New York Waterway, and Port Imperial Ferry Corp. |
| 1:2013cv02813 |
| April 29, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B Forrest |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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This docket was last retrieved on March 17, 2014. A more recent docket listing may be available from PACER.
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| Mailed notice of Right to Appeal re: #37 Clerk's Judgment, to Pro Se Litigant(s): Ontario Brandever 216 West 104th Street Apt. #148 New York, NY 10025 (nt) |
| Filing 37 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Decision and Order dated March 12, 2014, defendants' motion for summary judgment is granted except insofar as defendants' request for sanctions is concerned; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/14/2014) (Attachments: #1 Notice of Right to Appeal)(dt) |
| Transmission to Docket Assistant Clerk. Transmitted re: #37 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt) |
Filing 36
MEMORANDUM DECISION & ORDER granting #24 Motion for Summary Judgment. For the reasons set forth above, the Court hereby GRANTS defendants' motion for summary judgment except insofar as defendants' request for sanctions is concerned. The Clerk of Court is directed to terminate the motion at ECF No. 24 and there being no remaining issues in this action, to close this case. (Signed by Judge Katherine B. Forrest on 3/12/2014) Copies Sent By Chambers. (tro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #36 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (tro) |
| Filing 35 CERTIFICATE OF SERVICE of Reply Brief, Declaration, Certificate of Service served on Ontario Brandaver on 12/20/13. Service was made by Mail. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 34 REPLY AFFIRMATION of James E. Patterson in Support re: #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1.. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 33 REPLY MEMORANDUM OF LAW in Support re: #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1.. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
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Filing 32
MEMO ENDORSEMENT on PLAINTIFF'S RESPONSE TO FRCP RULE 56 MOTION. ENDORSEMENT:ORDERED: Post on docket. (Signed by Judge Katherine B. Forrest on 12/16/2013) (mro)
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Filing 31
ORDER: To clarify the docket in the above-referenced matter, all dates and deadlines are adjourned pending resolution of defendant's motion for summary judgment, which was filed on November 26, 2013. As a reminder, any response from plaintiff, who is representing himself pro se, is due December 13, 2013; the reply (if any) is due December 20, 2013. Set Deadlines/Hearing as to #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1:( Responses due by 12/13/2013, Replies due by 12/20/2013.) (Signed by Judge Katherine B. Forrest on 12/10/2013) Copies Sent By Chambers. (mro)
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| Filing 30 NOTICE OF CHANGE OF ADDRESS by Joshua Ralph Pini on behalf of New York Waterway,, Port Imperial Ferry Corp.. New Address: McElroy, Deutsch, Mulvaney & Carpenter, LLP, 1300 Mt. Kemble Avenue, P.O. Box 2075, Morristown, New Jersey, 07962-2075, (973) 993-8100. (Pini, Joshua) |
| Filing 29 CERTIFICATE OF SERVICE of Motion served on Ontario Brandaver on 11/26/13. Service was made by Overnight Mail. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 28 DECLARATION of Mayda Whelan in Support re: #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1.. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 27 DECLARATION of James E. Patterson in Support re: #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1.. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 26 RULE 56.1 STATEMENT. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1.. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Pini, Joshua) |
| Filing 24 MOTION for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Local Rule 56.1. Document filed by New York Waterway,, Port Imperial Ferry Corp.. Responses due by 12/13/2013(Pini, Joshua) |
| Filing 23 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ontario Brandaver dated 11/8/2013 re: Plaintiff requests that the hearing scheduled for 11/15 be adjourned. ENDORSEMENT: Summary judgment schedule is in place: motions by 11/26/13, oppositions by 12/13/13 and replies by 12/20/13. No conference scheduled. (Signed by Judge Katherine B. Forrest on 11/13/2013) Copies Mailed By Chambers. (tn) |
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Filing 22
ORDER: Accordingly, defendants are hereby ORDERED to make a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure by November 26, 2013. Plaintiff shall file a response by December 13, 2013. Defendants shall file a reply, if they so desire, by December 20, 2013. The conference currently scheduled for November 15, 2013 is hereby ADJOURNED pending a decision on defendants' Rule 56 motion. (Motions due by 11/26/2013, Responses due by 12/13/2013, Replies due by 12/20/2013.) (Signed by Judge Katherine B. Forrest on 11/4/2013) Copies Mailed By Chambers. (tn)
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| Filing 21 PLAINTIFF'S AMENDED COMPLAINT, AFFIRMATIVE DEFENSES, EXHIBITS, & DEMAND FOR DAMAGES IN THE AMOUNT OF ONE HUNDRED MILLION DOLLARS; re: against New York Waterway, and Port Imperial Ferry Corp..Document filed by Ontario Brandever.(sc) |
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Filing 19
ORDER: A conference in the above-referenced matter was scheduled to occur on October 18, 2013. However, due to last-minute changes in the Court's calendar, the matter had to be adjourned. Accordingly, the parties are hereby ORDERED to appear for a conference on November 15, 2013 at 11:00 A.M. The parties are reminded that all conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time. Plaintiff and counsel for defendants are directed to appear promptly. Requests for adjournment may be made only in a writing received not later than two business days before the conference. The written submission must (a) specify the reasons for the adjournment, (b) state whether the other parties have consented, and (c) indicate times and dates on succeeding Fridays when plaintiff and counsel for defendants are all available. Unless plaintiff and counsel for defendants are notified by this Court that the conference has been adjourned, it will be held as scheduled. The Clerk of the Court is directed to mail this notice to Plaintiff. The undersigned shall also mail a copy. ( Status Conference set for 11/15/2013 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/21/2013) Copies Sent By Chambers. (mro)
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| Transmission to Docket Assistant Clerk. Transmitted re: #19 Order, Set Hearings, to the Docket Assistant Clerk for case processing. (mro) |
| Mailed a copy of #19 Order, Set Hearings, to Ontario Brandever 216 West 104th Street Apt. #148 New York, NY 10025. (ca) |
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Filing 18
ORDER: Plaintiff was required to appear at today's Conference. Plaintiff is reminded that he is required to appear for all conferences unless he receives notice of an adjournment from the Court. Plaintiff is further reminded that should he desire an adjournment, he must make his request at least 48 hours prior to the scheduled conference, and the Court mayor may not grant any such requests as it deems appropriate. Plaintiff is warned that should he fail to appear for future conferences, costs may be imposed and/or his claims may be dismissed pursuant to Rule 41 of the Federal Rules of Civil Procedure for failure to prosecute. The next conference in this matter is hereby scheduled for October 18, 2013 at 3:30 P.M. Status Conference set for 10/18/2013 at 03:30 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 8/30/2013) Copies Mailed By Chambers. (ft)
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Filing 17
ORDER: According to Defendants' Notice of Removal, this Court has diversity jurisdiction over this action pursuant to 28 U.S.C. 1441(a) because: defendant Port Imperial Ferry Corp. is incorporated and has its principal place of business and its headquarters in New Jersey; plaintiff is a resident of the State of New York; and the amount in controversy is more than $75,000-plaintiff is seeking $25 million in damages. Therefore, despite the assertions made by Plaintiffin his Motion to Remand, the Court finds that removal by defendants to this Court was proper. Accordingly, Plaintiffs Motion to Remand is hereby DENIED. (Signed by Judge Katherine B. Forrest on 8/29/2013) Copies Sent By Chambers. (mro)
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Filing 16
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Ontario Brandaver dated 8/26/2013 re: On August 5th plaintiff requested that all matters before the Court be adjourned for at least 60 days. The defendant did not object to adjourn this case. However the Court decided to extend the matter for only 22 days. Plaintiff will not request another adjournment, however plaintiffs schedule has been set for month's and will be unavailable to appear in Court on August 30th. ENDORSEMENT: Ordered: The Court sets the schedule. The parties do not. The IPTC is scheduled and will proceed tomorrow, 8/30/13. (Signed by Judge Katherine B. Forrest on 8/29/2013) Copies Sent By Chambers. (mro) Modified on 9/3/2013 (mro).
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| Filing 15 PLAINTIFF'S AFFIRMATION of Ontario Brandaver IN OPPOSITION TO REMOVAL OF COMPLAINT FROM STATE COURT, AFFIRMATIVE & DEFENSES; re: #1 Notice of Removal. Document filed by Ontario Brandever. (sc) |
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Filing 14
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Joseph M. Morris III dated 8/5/13 re: Counsel is in receipt of plaintiffs request to adjourn the August 8, 2013, initial scheduling conference for sixty days and do not object to this request. ENDORSEMENT: ORDERED: Post on Docket. (Signed by Judge Katherine B. Forrest on 8/7/2013) (mro)
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Filing 13
MEMO ENDORSEMENT on Request for Extension of Time for Pretrial Conference. ENDORSEMENT: Ordered: 1. Conference adjourned only to Aug. 30 at 9:00 a.m. 2. The Court has entered the scheduling order--the parties shall proceed immediately with discovery. (Signed by Judge Katherine B. Forrest on 8/5/2013) Copies Sent by Chambers. (mro)
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Filing 12
SCHEDULING ORDER: All briefing to be completed by Jan. 6, 2014. Close of Fact Discovery due by 11/11/2013. Close of Expert Discovery due by 12/12/2013. Status Conference set for 8/30/2013 at 09:00 AM before Judge Katherine B. Forrest. All pretrial materials, including Joint Pretrial Order due by 12/23/2013. Trial in this matter shall commence 1/6/2014. Trial is anticipated to take 2 days. (Signed by Judge Katherine B. Forrest on 8/5/2013) Copies Sent By Chambers. (mro)
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| Set/Reset Hearings: Pretrial Conference set for 8/30/2013 at 09:00 AM before Judge Katherine B. Forrest. (mro) |
| Filing 11 NOTICE OF APPEARANCE Pro Se by Ontario Brandever. (sc) |
| Filing 10 AMENDED NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/8/2013 at 04:30 PM in Courtroom 15A at the United States Court House, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. The Clerk of Court is directed to mail this notice to Plaintiff. The undersigned shall also mail a copy. (Signed by Judge Katherine B. Forrest on 6/27/2013) Copies Mailed By Chambers. (mro) |
| Transmission to Docket Assistant Clerk. Transmitted re: #10 Order for Initial Pretrial Conference, to the Docket Assistant Clerk for case processing. (mro) |
| Mailed a copy of #10 Order for Initial Pretrial Conference, to Ontario Brandever 216 W. 104th Street Apt. 148 New York, New York 10025. (sdi) |
| Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") promptly at 4:30 p.m. on July 10, 2013. (Signed by Judge Katherine B. Forrest on 6/12/2013) (mro) |
| Filing 8 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Thomas P. Griesa is no longer assigned to the case. (pgu) |
| Filing 7 CERTIFICATE OF SERVICE of Answer, Rule 7.1 Statement and this Certificate of Service served on ONTARIO BRANDEVER on 05/31/2013. Service was made by MAIL. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Morris, Joseph) |
| Filing 6 ANSWER to Complaint with JURY DEMAND. Document filed by New York Waterway,, Port Imperial Ferry Corp..(Morris, Joseph) |
| Filing 5 NOTICE OF APPEARANCE by Joseph Michael Morris, III on behalf of New York Waterway,, Port Imperial Ferry Corp. (Attachments: #1 Supplement Certificate of Service)(Morris, Joseph) |
| Filing 4 CERTIFICATE OF SERVICE of NOTICE OF REMOVAL AND STATEMENT OF GROUNDS FOR REMOVAL, CIVIL COVER SHEET, RULE 7.1 STATEMENT, NOTICE OF APPEARANCE, INDIVIDUAL PRACTIES OF THOMAS P. GRIESA, SR. U.S.D.J., INDIVIDUAL PRACTICES OF JAMES L. COTT, U.S.M.J., ELECTRONIC CASE FILINGS RULES AND INSTRUCTIONS AND THIS CERTIFICATE OF SERVICE served on ONTARIO BRANDEVER on 04/29/2013. Service was accepted by ONTARIO BRANDEVER, PLAINTIFF. Service was made by MAIL. Document filed by New York Waterway,, Port Imperial Ferry Corp.. (Carey, Brian) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Port Imperial Ferry Corp..(Carey, Brian) |
| Filing 2 NOTICE OF APPEARANCE by Brian James Carey on behalf of New York Waterway,, Port Imperial Ferry Corp. (Carey, Brian) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 13400304. (Filing Fee $ 350.00, Receipt Number 465401066057).Document filed by New York Waterway, Port Imperial Ferry Corp.(mn) (jd). |
| Magistrate Judge James L. Cott is so designated. (mn) |
| Case Designated ECF. (mn) |
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