Brook et al v. Simon & Partners, LLP et al
| Brian C. Brook and Matthew J. Peed |
| Simon & Partners LLP and Bradley D. Simon |
| 1:2017cv06435 |
| August 24, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B. Daniels |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
158
ORDER, The Court will hear oral argument on Defendant's Motion for Summary Judgment, (ECF No. 132), on July 27, 2022 at 10:30 a.m. SO ORDERED. ( Oral Argument set for 7/27/2022 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/24/22) (yv)
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Filing
157
ORDER: The conference scheduled for May 24, 2022 at 11 :00 a.m. shall proceed as a videoconference using the Microsoft Teams platform. To optimize the quality of the video feed, only the Court and counsel for each party will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Microsoft Teams system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (332) 249-0608 and entering the conference ID 320762698#. (as further set forth herein). (Signed by Judge George B. Daniels on 5/23/2022) (kv)
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Filing
131
ORDER: Defendants' request to file a motion for summary judgment, to which Plaintiffs do not object, (ECF No. 130), is GRANTED and is as follows: Motions due by 3/18/2022., Responses due by 4/1/2022, Replies due by 4/8/2022., Pretrial Conference set for 5/25/2022 at 09:45 AM before Judge George B. Daniels. SO ORDERED. (Signed by Judge George B. Daniels on 2/08/2022) (ama)
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Filing
129
ORDER: A pretrial conference is scheduled for February 16, 2022 at 9:45 a.m. SO ORDERED., ( Pretrial Conference set for 2/16/2022 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/20/2022) (ama)
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Filing
127
OPINION AND ORDER re: 113 AMENDED LETTER MOTION to Compel Bradley D. Simon and Simon & Partners, LLP to Produce Document addressed to Magistrate Judge Sarah L. Cave from Brian C Brook dated October 27, 2021.AMENDED LETTER MOTION f or Local Rule 37.2 Conference addressed to Magistrate Judge Sarah L. Cave from Brian C Brook dated October 27, 2021. filed by Brian C. Brook, Matthew J. Peed, Brook & Associates, PLLC. For the reasons set forth above, Plaintiffs' Mot ion is GRANTED. No later than Thursday, December 23, 2021, Defendants shall produce the Emails, unredacted, to Plaintiffs. The Clerk of Court is respectfully directed to close ECF No. 113. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/15/2021) (jca)
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Filing
124
ORDER: Following a Telephone Discovery Conference on November 18, 2021, the Court set a briefing schedule concerning Plaintiffs' Letter-Motion to Compel. (ECF No. 117). Under the briefing schedule, Plaintiffs were to file by November 23, 2 021 a supplemental letter attaching, among other documents, certain deposition transcripts (the "Transcripts"), and Defendants' opposition was due today, December 3, 2021. (Id.) Through no fault of the parties, the Transcripts wer e not prepared and filed until December 2, 2021. (See ECF Nos. 118, 123). Accordingly, the Court EXTENDS Defendants' opposition deadline by one week, until Friday, December 10, 2021. (Responses due by 12/10/2021) (Signed by Magistrate Judge Sarah L Cave on 12/3/2021) (ne)
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Filing
117
ORDER: Pursuant to the Telephone Discovery Conference held today, November 18, 2021, (the "Discovery Conference") the Court orders as follows: 1) By Tuesday, November 23, 2021, Plaintiffs shall file a supplemental Letter regarding the ir Letter-Motion to Compel (ECF No. 113 (the "Motion to Compel")), attaching as exhibits the following supporting exhibits, for clarity of the record (the "Supplemental Letter"): a. The "Basic Term Sheet" pertaining to Plaintiff Brian C. Brook's employment, previously filed at ECF No. 62-6. b. The May 23, 2012 email referenced by Plaintiffs' counsel during the Discovery Conference concerning Brook's continued employment at Simon & Partners L LP ("S&P"). c. Transcripts of deposition testimony concerning (i) when Defendants' reasonably anticipated litigation; and (ii) Brook's continued employment at S&P during, and after, February 2012 (the &q uot;Deposition Transcripts"). d. In the event the Deposition Transcripts are not available by November 23, Plaintiffs may file the Supplemental Letter without them and file an addendum when they are available. 2) Defendants sh all respond to Plaintiffs' Supplemental Letter by Friday, December 3, 2021. a. Defendants' Letter should attach supporting documents addressing Plaintiffs' substantial need for the email that is the subject of the Motion to Compel. 3) The parties shall order, on an expedited basis, the transcript of the Discovery Conference. To clarify the Court's instruction concerning the transcript request, the parties must submit the transcript request form t o the Court's transcribers, who transcribe audio-recorded court conferences, not SDNY Court Reporters, who only fulfill orders for proceedings at which a court reporter was present. (Signed by Magistrate Judge Sarah L Cave on 11/18/2021) (tg)
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Filing
114
TELEPHONE CONFERENCE SCHEDULING ORDER granting 107 Letter Motion for Local Rule 37.2 Conference. A Telephone Conference concerning the discovery dispute raised at ECF No. 107 is scheduled for Thursday, November 18, 2021 at 11:00 am on the Courts conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 11/18/2021 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/10/21) (yv)
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Filing
112
ORDER granting 110 Letter Motion to Seal. Defendants' letter-motion requesting to seal confidential documents (ECF No. 110) is GRANTED. The Clerk of Court is respectfully directed to limit access to ECF No. 107 to the case participants and Co urt users. Plaintiffs shall promptly refile on ECF their letter-motion filed at ECF No. 107, as well as the exhibits that do not contain confidential information, that is, Exhibits A and E. The Clerk of Court is respectfully directed to close ECF No. 110. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/3/21) (yv)
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Filing
109
ORDER. By Thursday, November 4, 2021, Defendants shall provide (by email to Cave_NYSDchambers@nysd.uscourts.gov) the email referenced in Plaintiffs letter-motion and Defendants letter opposition (ECF Nos. 10708) for the Courts in-camera review. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/2/21) (yv)
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Filing
100
CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/25/2021) (ama)
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Filing
90
MEMORANDUM DECISION AND ORDER denying 74 Motion for Reconsideration re; 69 Order on Motion to Dismiss,, . filed by Brian C. Brook, Matthew J. Peed, Brook & Associates, PLLC,; denying 76 Motion for Reconsideration re; 69 Order on Motion to Dismiss, . Document filed by Bradley D. Simon, Simon & Partners LLP.; denying 83 MOTION to Strike Document No. 80 . filed by Simon & Partners LLP, Bradley D. Simon from the record. Defendants' motion to strike portions of Plaintiffs' briefing that serve as a reply in support of Plaintiffs' partial motion for reconsideration, (ECF No. 83), is DENIED. Plaintiffs' motion for reconsideration of this Court's decision to dismi ss Plaintiff Brian C. Brook's claims for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing, violation of New York Labor Law § 193, and fraudulent misrepresentation, and Plaintiff M atthew J. Peed's claim for breach of contract, (ECF No. 74), is DENIED. Defendants' motion for reconsideration of this Court's decision to not dismiss Defendant Bradley D. Simon and Plaintiffs' claim under New York Labor Law §195(1)(a), (ECF No. 76), is DENIED. The Clerk of Court is directed to close the motions accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 3/9/2021) (jca)
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Filing
89
ORDER: The status conference scheduled for March 3, 2021 is adjourned to March 10, 2021 at 9:15 a.m. will occur as a videoconference using the Skype platform. To optimize the quality of the video feed, only the Court, Plaintiffs' counsel, an d Defendants' counsel will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Skype system, only one counsel per party may participate. Co-counsel, members of the press, and the pub lic may access the audio feed of the conference by calling (917) 933-2166 and entering the code ID 166794148. SO ORDERED. (Signed by Judge George B. Daniels on 3/2/2021) ( Telephone Conference set for 3/10/2021 at 09:15 AM before Judge George B. Daniels.) (ks)
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Filing
87
ORDER: The status conference scheduled for January 6, 2021 is adjourned to February 10, 2021 at 9:45 am. SO ORDERED., ( Status Conference set for 2/10/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/04/2021) (ama)
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Filing
73
ORDER: Defendants' request for an extension of time to file a motion for reconsideration of this Court's Memorandum Decision and Order dated September 29, 2020 as it relates to Defendant Bradley D. Simon is GRANTED. Defendants shall file any such motion by October 27, 2020. A conference is scheduled for January 6, 2021 at 9:45 am. SO ORDERED. (Motions due by 10/27/2020, Status Conference set for 1/6/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/13/2020) (jca)
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Filing
69
MEMORANDUM DECISION AND ORDER granting in part and denying in part 62 Motion to Dismiss: Defendants' motion to dismiss, (ECF No. 62), is GRANTED to the extent that Plaintiffs' claims for breach of contract, promissory estoppel, breach of the implied covenant of good faith and fair dealing, fraudulent misrepresentation, and violation of New York Labor Law § 193 are dismissed. The Clerk of Court is directed to close the motion accordingly. (Signed by Judge George B. Daniels on 9/29/2020) (jwh)
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