Fitzgerald v. 212 Steakhouse, Inc. et al
| Robert F. Fitzgerald |
| 212 Steakhouse, Inc. and Nikolay Volper |
| 1:2014cv09904 |
| December 16, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P Kevin Castel |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/10/2015 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) |
| Filing 30 TRANSCRIPT of Proceedings re: TRIAL held on 12/10/2015 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kristen Carannante, (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 9/8/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/16/2022..(McGuirk, Kelly) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/9/2015 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) |
| Filing 28 TRANSCRIPT of Proceedings re: TRIAL held on 12/9/2015 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kristen Carannante, (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 9/8/2022. Redacted Transcript Deadline set for 9/19/2022. Release of Transcript Restriction set for 11/16/2022..(McGuirk, Kelly) |
Filing 27
JUDGMENT in favor of 212 Steakhouse, Inc., Nikolay Volper against Robert F. Fitzgerald. The issues in the above-entitled action having been brought on for trial before the Honorable P. Kevin Castel, United States District Judge, and ajmy on December 9, 2015, and at the conclusion of the trial on December 10, 2015, the jury having returned a verdict in favor of the defendants, it is, ORDERED, ADJUDGED AND DECREED: That the Complaint be and it is hereby dismissed. (Signed by Judge P. Kevin Castel on 12/14/2015) (spo)
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| Filing 26 JURY VERDICT. (spo) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial completed on 12/10/2015. plaintiff summation, defendant summation, jury charge, verdict for defendant. (Court Reporter Kristen Carannante) (Nacanther, Florence) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Marjorie Mesidor to RE-FILE Document #25 LETTER MOTION for Leave to File Amended Joint Preliminary Trial Report addressed to Judge P. Kevin Castel from Marjorie Mesidor dated 12/07/2015. Use the event type Letter found under the event list Other Documents. (ldi) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Jury Trial begun on 12/9/2015. Present is plaintiff, Robert Fitzgerald with his attorney, Marjorie Mesidor. Present is defendant, Nikolay Volpher, with his attorneys, Peter Hatzipetros and Joseph Nohavicka. Jury selection, opening statements, testimony. Plaintiff rest. Deft direct testimony and deft rested. (Court Reporter Kristen Carannante) (Nacanther, Florence) Modified on 12/11/2015 (Landers, Rigoberto). |
| Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Amended Joint Preliminary Trial Report addressed to Judge P. Kevin Castel from Marjorie Mesidor dated 12/07/2015. Document filed by Robert F. Fitzgerald.(Mesidor, Marjorie) Modified on 12/10/2015 (ldi). |
| Filing 24 NOTICE of Withdrawal of Alex Umansky. Document filed by Robert F. Fitzgerald. (Umansky, Alex) |
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Filing 23
ORDER: This case was scheduled for trial on December 9, 2015 at 10:00 a.m. as first backup trial for 15 Cr. 113, U.S. v. Kasine Deleston. The Deleston trial is no longer on the Court's calendar. As such, this case-Fitzgerald v. 212 Steakhouse, Inc.-will proceed to trial as planned, on December 9, 2015 at 10:00 a.m. (Jury Trial set for 12/9/2015 at 10:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 11/24/2015) (spo)
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| Filing 22 NOTICE OF APPEARANCE by Brittany Alexandra Stevens on behalf of Robert F. Fitzgerald. (Stevens, Brittany) |
| Filing 21 NOTICE OF APPEARANCE by Marjorie Mesidor on behalf of Robert F. Fitzgerald. (Mesidor, Marjorie) |
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Filing 20
JOINT PRELIMINARY PRE-TRIAL ORDER: SO ORDERED. (Signed by Judge P. Kevin Castel on 10/5/2015) (spo)
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Final Pretrial Conference held on 10/5/2015. Trial for this case is set as first back-up trial to: 15Cr113 U.S. v. Kasine Deleston, on Wednesday, December 9, 2015 at 10:00 a.m. (Court Reporter Michael McDaniel) (Nacanther, Florence) |
| Filing 19 JOINT PRELIMINARY TRIAL REPORT. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Hatzipetros, Peter) |
| Filing 18 NOTICE OF APPEARANCE by Jessenia Maldonado on behalf of Robert F. Fitzgerald. (Maldonado, Jessenia) |
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by 212 Steakhouse, Inc., Nikolay Volper, re: Request to remove case from mediation. ENDORSEMENT: The parties preference to proceed to trial will be honored. So much of this Court's order of July 10, 2015 that "re-refer(ed)" the case to mediation is VACATED. The Order of July 10 otherwise stands. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/12/2015) (ajs)
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| Filing 15 LETTER addressed to Judge P. Kevin Castel from All Parties dated July 29, 2015 re: Request to remove case from mediation. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Nohavicka, Joseph) |
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Filing 14
ORDER FOLLOWING PRETRIAL CONFERENCE. As result of a pretrial conference held before the Court today, the following is ORDERED: By September 18, 2015, the parties shall file all pretrial submissions consisting of a JPTO, voir dire requests, proposed jury instructions, verdict sheet and fully briefed in limine, if any. The Court hereby re-refers the matter to Mediation. The Final Pretrial Conference will be held on Oct. 5, 2015 at 12:00 p.m. Any conference scheduled for a date prior thereto is adjourned. (Motions due by 9/18/2015. Pretrial Order due by 9/18/2015.) (Final Pretrial Conference set for 10/5/2015 at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/10/2015) (rjm)
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| Transmission to Mediation Clerk. Transmitted re: #14 Order, Set Deadlines, Set Hearings to the Mediation Clerk for case processing. (rjm) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 7/10/2015. The final pretrial conference is scheduled for October 5, 2015 at 12:00 p.m. (Nacanther, Florence) |
| Mediator Session Held on 04/24/2015 at Mediator's Office.(ms) |
| Filing 12 NOTICE OF APPEARANCE by Peter Hatzipetros on behalf of 212 Steakhouse, Inc., Nikolay Volper. (Hatzipetros, Peter) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for April 24, 2015 at 10:00 AM. Session to take place at the Office of the Mediator.(cda) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 03/27/2015 at Office of the Mediator was NOT held. Parties have agreed to a new date.(cda) |
| Filing 11 NOTICE OF APPEARANCE by Joseph D. Nohavicka on behalf of 212 Steakhouse, Inc., Nikolay Volper. (Nohavicka, Joseph) |
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Filing 10
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Present best estimate of the length of trial is 3-4 days. Deposition due by 6/19/2015. Fact Discovery due by 6/19/2015. Expert Discovery due by 8/3/2015. Case Management Conference set for 7/10/2015 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 2/20/2015) (kko) Modified on 2/20/2015 (kko).
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| Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 2/20/2015. The next conference is scheduled for July 10, 2015 at 11:30 a.m. (Nacanther, Florence) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 3/27/15, 10:00 AM at Mediator's Manhattan Office.(ms) |
| Filing 9 LETTER addressed to Judge P. Kevin Castel re: Joint Letter in Accordance of the Order Setting Forth the Initial Pre-Trial Conference. Document filed by Robert F. Fitzgerald.(Umansky, Alex) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/4/2015.(cda) |
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Filing 8
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Order filed January 3, 2011). Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/2/2015. (Signed by Judge Loretta A. Preska on 1/3/2011) (rpr)
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| Filing 7 ANSWER to #2 Complaint. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Nohavicka, Joseph) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 212 Steakhouse, Inc., Nikolay Volper.(Nohavicka, Joseph) |
| Filing 5 AFFIDAVIT OF SERVICE. 212 Steakhouse, Inc. served on 1/2/2015, answer due 1/23/2015. Document filed by Robert F. Fitzgerald. (Phillips, William) |
| Filing 4 AFFIDAVIT OF SERVICE. Nikolay Volper served on 12/23/2014, answer due 1/13/2015. Service was accepted by 'Jane Doe'. Document filed by Robert F. Fitzgerald. (Phillips, William) |
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Filing 3
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/20/2015 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (See Order.) (Signed by Judge P. Kevin Castel on 12/23/2014) (ajs)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Alex Umansky for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Complaint, #1 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (mqu) |
| Filing 2 COMPLAINT against 212 Steakhouse, Inc., Nikolay Volper. (Filing Fee $ 350.00, Receipt Number 465401112390)Document filed by Robert F. Fitzgerald.(mqu) (nm). |
| Filing 1 CIVIL COVER SHEET filed. (mqu) (nm). |
| SUMMONS ISSUED as to 212 Steakhouse, Inc., Nikolay Volper. (mqu) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (mqu) |
| Case Designated ECF. (mqu) |
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