Marquez v. Hoffman et al
Alexis Marquez |
Michael Garcia, Jenny Rivera, Denis Reo, Saliann Scarpulla, George Silver, Lauren DeSole, Paul Feinman, Janet DiFiore, Kay-Ann Porter, Douglas Hoffman, Lisa Evans, Eugene Fahey, Lori Sattler, Leslie Stein, John McConnell, Lawrence Marks, Rowan Wilson, Lucian Chalfen, The State of New York and The New York State Unified Court System |
1:2018cv07315 |
August 13, 2018 |
US District Court for the Southern District of New York |
Foley Square Office |
NewYork |
Andrew L Carter |
Gabriel W Gorenstein |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.
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Filing 255 REPLY MEMORANDUM OF LAW in Support re: #236 MOTION to Dismiss . . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Certificate of Service on Pro Se Plaintiff).(Schatzle, Shawn) |
Filing 254 MEMO ENDORSEMENT on re: #253 Letter re: request to file reply brief with excess pages,, filed by Rowan Wilson, Leslie Stein, Lauren DeSole, Denis Reo, Saliann Scarpulla, Lucian Chalfen, John McConnell, Lawrence Marks, The State of New York, Lisa Evans, Janet DiFiore, Lori Sattler, Michael Garcia, George Silver, Kay-Ann Porter, Jenny Rivera, Eugene Fahey, Paul Feinman. ENDORSEMENT: The request to file the 27-page reply brief is GRANTED. Defendants may submit courtesy copies via electronic submission. (Signed by Judge Andrew L. Carter, Jr on 8/10/2020) (rj) |
Filing 253 LETTER addressed to Judge Andrew L. Carter, Jr. from Shawn Schatzle dated August 7, 2020 re: request to file reply brief with excess pages. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Schatzle, Shawn) |
Filing 252 ORDER granting #249 Motion for Extension of Time to File Response/Reply. SO ORDERED. Replies due by 8/13/2020. (Signed by Judge Andrew L. Carter, Jr on 6/24/2020) (kv) |
Filing 251 LETTER addressed to Judge Andrew L. Carter, Jr. from A. Marquez, dated 6/18/20 re: I consent to the State Defendants' request for an extension to submit their reply brief in support of their motion to dismiss until 7/31/20. Document filed by Alexis Marquez.(sc) |
Filing 250 CERTIFICATE OF SERVICE of Letter dated June 15, 2020 (ECF 249) served on Alexis Marquez on June 16, 2020. Service was made by Mail. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Schatzle, Shawn) |
Filing 249 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #247 Memorandum of Law in Opposition to Motion currently due June 29, 2020 addressed to Judge Andrew L. Carter, Jr. from Shawn Schatzle dated June 15, 2020. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Schatzle, Shawn) |
Filing 248 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT NEW YORK STATE UNIFIED COURT SYSTEM PURSUANT TO FRCP 41(a)(1)(A)(i): Plaintiff Alexis Marquez hereby gives notice of her voluntary dismissal without prejudice of defendant The New York State Unified Court System, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. Defendant The New York State Unified Court System has not filed an answer or motion for summary judgment in this case. SO ORDERED. (The New York State Unified Court System terminated.) (Signed by Judge Andrew L. Carter, Jr on 6/12/2020) (rro) |
***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #246 Notice of Voluntary Dismissal, was reviewed and referred to Magistrate Judge Gabriel W. Gorenstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety; the plaintiff(s) filed their voluntary dismissal in a Pro Se case. (ad) |
Filing 247 MEMORANDUM OF LAW IN OPPOSITION TO THE STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT re: #118 MOTION to Dismiss the Third Amended Complaint. Document filed by Alexis Marquez..(rro) |
Filing 246 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANTNEW YORK STATE UNIFIED COURT SYSTEMPURSUANT TO FRCP 41(a)(1)(A)(i), the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) The New York State Unified Court System. Document filed by Alexis Marquez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(rro) |
Filing 245 ORDER granting #243 Letter Motion to Substitute Attorney. SO ORDERED. (Attorney Shari M. Goodstein terminated.) (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro) |
Filing 244 ORDER: The Court is in receipt of Plaintiffs letter dated April 1, 2020. The Parties are hereby ORDERED to proceed in accordance with the following revised briefing schedule for the defendants' motions to dismiss: Plaintiff's Opposition Brief: May 29, 2020. Defendants' Reply Briefs: June 29, 2020. SO ORDERED. Set Deadlines/Hearing as to #231 MOTION to Dismiss ., #236 MOTION to Dismiss . :( Responses due by 5/29/2020, Replies due by 6/29/2020.) (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro) |
Filing 243 LETTER MOTION to Substitute Attorney. Old Attorney: Shari M. Goodstein, New Attorney: Shawn Schatzle addressed to Judge Andrew L. Carter, Jr. from Shawn Schatzle dated April 6, 2020. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Schatzle, Shawn) |
Filing 242 LETTER addressed to Judge Andrew L. Carter, Jr. from Alexis Marquez dated 4/1/2020 re: request for an extension. Document filed by Alexis Marquez.(cf) |
Filing 241 NOTICE OF APPEARANCE by Shawn Schatzle on behalf of Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Schatzle, Shawn) |
Filing 240 LETTER addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated March 6, 2020 re: Refiling of Motion to Dismiss. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Hanna, Monica) |
Filing 239 NOTICE of Pursuant to Local Rule 12.1 re: #236 MOTION to Dismiss .. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 FRCP 56).(Hanna, Monica) |
Filing 238 MEMORANDUM OF LAW in Support re: #236 MOTION to Dismiss . . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Hanna, Monica) |
Filing 237 DECLARATION of Monica Hanna in Support re: #236 MOTION to Dismiss .. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Exhibit A (Placeholder), #2 Exhibit B (Placeholder), #3 Exhibit C (Placeholder), #4 Exhibit D (Placeholder), #5 Exhibit E (Part I), #6 Exhibit E (Part II), #7 Exhibit F).(Hanna, Monica) |
Filing 236 MOTION to Dismiss . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. Responses due by 4/3/2020 Return Date set for 4/24/2020 at 11:59 PM. (Attachments: #1 Certificate of Service).(Hanna, Monica) |
Filing 235 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, with supporting documents served on Alexis Marquez on March 6, 2020. Service was made by Mail. Document filed by The New York State Unified Court System..(Siudzinski, Michael) |
Filing 234 NOTICE of Pursuant to Local Rule 12.1 re: #231 MOTION to Dismiss .. Document filed by The New York State Unified Court System..(Siudzinski, Michael) |
Filing 233 MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss . . Document filed by The New York State Unified Court System..(Siudzinski, Michael) |
Filing 232 DECLARATION of Michael J. Siudzinski in Support re: #231 MOTION to Dismiss .. Document filed by The New York State Unified Court System. (Attachments: #1 Exhibit A, #2 Exhibit B).(Siudzinski, Michael) |
Filing 231 MOTION to Dismiss . Document filed by The New York State Unified Court System. Responses due by 4/3/2020 Return Date set for 4/24/2020 at 11:59 PM..(Siudzinski, Michael) |
Filing 230 LETTER addressed to Judge Andrew L. Carter, Jr. from A. Marquez, dated 2/18/20 re: WITHDRAWING LETTER DATED 2/12/20. Document filed by Alexis Marquez.(sc) |
Filing 229 LETTER addressed to Judge Andrew L. Carter, Jr. from A. Marquez, dated 2/12/20 re: RESPONSE TO UCS AND THE STATE DEFENDANTS' LETTERS SEEKING DISPOSITIVE ORDERS ON THE CLAIMS AGAINST THEM. Document filed by Alexis Marquez..(sc) |
Filing 228 ORDER denying #118 Motion to Dismiss; denying #121 Motion to Dismiss. Accordingly, the pending motions to dismiss, ECF Nos. 118, 121, are hereby DENIED without prejudice and Defendants are GRANTED leave to re-file motions to dismiss in accordance with the following briefing schedule: Defendants' Motions to Dismiss: March 6, 2020; Plaintiff's Opposition: April 3, 2020; Defendants' Reply: April 24, 2020 (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 2/13/2020) (cf) |
Set/Reset Deadlines: Motions due by 3/6/2020. Responses due by 4/3/2020 Replies due by 4/24/2020. (cf) Modified on 2/14/2020 (cf). |
Filing 227 MEMORANDUM AND ORDER granting #203 Motion to Dismiss. Plaintiff's explanation for seeking dismissal without prejudice is also adequate. Plaintiff is proceeding pro se in this case and is tasked with simultaneously engaging in motion practice against the 18 individual defendants and the New York Unified Court System, as well as discovery against Defendant Hoffman. The Court is sympathetic to the difficulties of litigating a case of this scope and complexity, particularly as a pro se defendant. Any legal prejudice that would result from re-litigation in this case are not sufficient to overcome the presumption that a party's motion to dismiss its own claims without prejudice should be granted. Accordingly, and for the reasons set forth above, Plaintiff's motion to dismiss her claims against Defendant Hoffman is GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/13/2020) (rj) |
Filing 226 LETTER addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated February 10, 2020 re: Plaintiff's Deliberate Failure to Timely Oppose the State Defendants' Motion to Dismiss. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson..(Hanna, Monica) |
Filing 225 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated February 7, 2020 re: Defendant UCS' Motion to Dismiss. Document filed by The New York State Unified Court System..(Siudzinski, Michael) |
Filing 224 ORDER: Construing plaintiff's January 23, 2020, letter (Docket # 223) as a motion to reconsider the Court's ruling of January 17, 2020 (Docket # 220), it is denied. The Court would certainly grant a request for a reasonable extension of any one of its deadlines but no such proposal has been made by plaintiff in her letter or, indeed, has ever been made by plaintiff. It appears that the premise of plaintiffs position is that plaintiff does not believe she should be required to simultaneously brief motions and engage in any aspect of the discovery process. The Court rejects this premise as there has been no showing that making discovery requests, responding to discovery requests, or providing complete initial disclosures (plaintiff makes no distinction among these three tasks) could not be accomplished while work continues on motions. Finally, the plaintiff's request for "full briefing" of any future discovery application, no matter its character, is denied. If there is a specific reason for formal briefing (for example, a motion involving privilege that requires the submission of affidavits), the request may be made at the time the dispute is raised, giving the specific reasons for the need for formal briefing. Counsel for Hoffman shall provide a copy of this Order to plaintiff by email forthwith. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2020) Copies Mailed By Chambers. (jca) |
Filing 223 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from A. Marquez, dated 1/23/20 re: UPCOMING DEADLINES & REQUEST FOR BRIEFING IN CONNECTION WITH DISCOVERY MOTIONS. Document filed by Alexis Marquez.(sc) |
Filing 220 ORDER: The application in docket # 208 is granted as set forth in the Order. Counsel for Hoffman shall provide a copy of this Order to plaintiff by email forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/17/2020) Copies Mailed By Chambers. (rch) |
Filing 222 DECLARATION OF ALEXIS MARQUEZ. Document filed by Alexis Marquez. (vn) |
Filing 221 REPLY MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION TO DISMISS HER CLAIMS AGAINST DEFENDANT HOFFMAN WITHOUT PREJUDICE PURSUANT TO RULE 41(a)(2). Document filed by Alexis Marquez. (vn) |
Filing 219 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from A. Marquez, dated 1/13/20 re: RESPONSE TO DEFENDANT HOFFMAN'S LETTER DATED 1/3/20(requesting various preclusion orders). Document filed by Alexis Marquez.(sc) |
Filing 218 MEMO ENDORSEMENT on re: #208 Letter filed by Douglas Hoffman. Under paragraph 2.A of the Court's Individual Practices, plaintiff's response to this letter was due January 7, 2020. No response has been filed. The Court will sua sponte extended plaintiff's deadline to respond to January 13, 2020. If plaintiff fails to respond, the relief requested may be granted as unopposed. Counsel for defendant Hoffman is directed to provide a copy of this Order by email to plaintiff forthwith. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/9/2020) Copy Mailed By Chambers. (rch) |
Filing 217 DOCKET ANNOTATION: Copy of docket #216 mailed to plaintiff by chambers on January 9, 2020.(rch) |
Filing 216 MEMO ENDORSEMENT on NOTICE OF MOTION TO STAY DISCOVERY granting #124 Motion to Stay. ENDORSEMENT: Application granted on consent as stated in Docket # 210. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/08/2020) (ama) |
Terminate Transcript Deadlines (ama) |
Filing 215 SEALED DOCUMENT placed in vault.(mhe) |
Filing 214 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiff's Rule 41(a)(2) Motion; Declaration of Edna D. Guerrasio with Exs. A-C served on Alexis Marquez on 1/7/20. Service was made by Overnight Mail. Document filed by Douglas Hoffman. (Guerrasio, Edna) |
Filing 213 DECLARATION of Edna D. Guerrasio in Support of Defendant Hoffman's Memorandum of Law in Opposition to Plaintiff's Rule 41(a)(2) Motion in Opposition re: #203 MOTION to Dismiss.. Document filed by Douglas Hoffman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Guerrasio, Edna) |
Filing 212 MEMORANDUM OF LAW in Opposition re: #203 MOTION to Dismiss. Defendant Douglas Hoffman's Memorandum of Law in Opposition to Plaintiff's Rule 41(a)(2) Motion. Document filed by Douglas Hoffman. (Plevan, Bettina) |
Filing 211 MEMO ENDORSEMENT on re: #209 Letter re: Defendant Hoffman's Request to File A Document Under Seal, filed by Douglas Hoffman. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/7/2020) (rj) |
Filing 209 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated January 6, 2020 re: Defendant Hoffman's Request to File A Document Under Seal. Document filed by Douglas Hoffman. (Attachments: #1 Exhibit to Letter Seeking Permission to File Documents Under Seal)(Plevan, Bettina) |
Filing 210 LETTER addressed to Judge Andrew L. Carter, Jr. from A. Marquez, dated 1/3/20 re: PLAINTIFF'S OPPOSITION BRIEFS TO THE DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFF'S CONSENT TO STAY DISCOVERY. Document filed by Alexis Marquez.(sc) |
Filing 208 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plavan dated January 3 2020 re: Plaintiffs Discovery Deficiencies. Document filed by Douglas Hoffman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Plevan, Bettina) |
Filing 207 ORDER with respect to #203 Motion to Dismiss. The Court is in receipt of Plaintiff's letter dated December 26, 2019. The Parties are ordered to proceed in accordance with the following revised briefing schedule with respect to the pending Motion to Dismiss: Plaintiff's Opposition: January 31, 2020; Defendant's Reply, if any: February 28, 2020. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/30/2019) (kv) |
Filing 206 ORDER: The Court initially tied the briefing on the stay motion to the briefing on the motion to dismiss at a time when the Court had no reason to believe that the merits briefing would be so drawn out. The stay is on a different footing, however, and should be resolved well in advance of the date proposed in Docket # 205. If the plaintiff does not wish to consent to the stay, any opposition shall be filed by January 21, 2020. Any reply may be filed by January 28, 2020. Opposition and replies may be made by letter. The request for an extension of the briefing schedule on the motion to dismiss remains before Judge Carter. Counsel for defendants shall provide a copy of this Order to plaintiff by email forthwith. And as set forth herein. SO ORDERED., ( Responses due by 1/21/2020, Replies due by 1/28/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/30/2019) Copies Sent By Chambers. (ama) |
Set/Reset Deadlines: Response due by 1/31/2020. Replies due by 2/28/2020. (kv) Modified on 1/22/2020 (kv). |
***DELETED DOCUMENT. Deleted document number #207 ORDER. The document was deleted pursuant to direction from Chambers. (va) |
Filing 205 LETTER addressed to Judge Andrew L. Carter, Jr. from A. Marquez, dated 12/26/19 re: REQUEST FOR EXTENSION TO FILE OPPOSITION BRIEFS TO DEFENDANTS' MOTIONS TO DISMISS & MOTION TO STAY DISCOVERY(to 3/30/20). Document filed by Alexis Marquez.(sc) |
Filing 204 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO DISMISS HER CLAIMS AGAINST DEFENDANT HOFFMAN W/O PREJUDICE PURSUANT TO RULE 41(a)(2), re: #203 MOTION to Dismiss. Document filed by Alexis Marquez. (sc) |
Filing 203 NOTICE OF MOTION, re: to Dismiss Plaintiff's claims against Defendant Douglas Hoffman w/o prejudice pursuant to Fed.R.Civ.P. 41(a)(2). Document filed by Alexis Marquez.(sc) |
Filing 202 ORDER: The telephone conference requested by Hoffman's counsel shall take place on December 23, 2019, at 3:00 p.m., unless the parties agree otherwise. Counsel for Hoffman shall provide a copy of this Order to plaintiff by email forthwith. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/20/2019) Copies Mailed By Chambers. (rch) |
Filing 201 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from A. Marquez, dated 12/19/19 re: REQUEST TO STAY DISCOVERY OR DISMISSAL OF CLAIMS AGAINST HOFFMAN WITHOUT PREJUDICE; RESPONSE TO HOFFMAN'S REQUEST FOR RELIEF FROM MEET & CONFER OBLIGATIONS. Document filed by Alexis Marquez.(sc) |
Filing 200 MEMO ENDORSEMENT: on re: #199 Letter filed by Douglas Hoffman. ENDORSEMENT: Plaintiff is directed to respond to this letter by a filing made on or before December 19, 2019. Counsel for Hoffman shall provide a copy of this Order to plaintiff by email forthwith. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/16/2019) (ama) |
Filing 199 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated 12/16/19 re: Seeking Relief From Meet and Confer Obligations. Document filed by Douglas Hoffman. (Attachments: #1 Attachment)(Plevan, Bettina) |
Mailed a copy of #198 Order on Motion to Withdraw as Attorney, to Alexis Marquez P.O. Box 250071 New York, NY 10025. (vba) |
Filing 198 ORDER: granting #170 Motion to Withdraw as Attorney. It appears that the pro se plaintiff timely provided the information required by Docket # 194 to the Pro Se Intake Unit on November 22, 2019, at 12:17 p.m. through her filing of a Notice of Pro Se Appearance (Docket # 196). That notice was not docketed until today, however, and thus the Court was unaware of it when it issued its Order of November 25, 2019 (Docket # 195). Accordingly, Docket # 195 is vacated. The motion of Anthony Vassilev (Docket # 170) to withdraw as attorney for plaintiff is granted. All deadlines in this case remain in effect. In a letter filed today (Docket # 197), defendant Hoffman alleges that plaintiff is in violation of her discovery obligations. Discovery disputes are to be raised in accordance with paragraph 2.A of the Court's Individual Practices even in pro se matters. It appears that the in-person or telephone conference required by that rule did not take place. Accordingly, the application in Docket # 197 is denied without prejudice. The Court is hopeful that a conference between the parties may eliminate or narrow the disputes. Finally, the Court notes that its Individual Practices require that an attorney "must respond within one business day to any request from another party to confer [about a discovery dispute] unless an emergency prevents such a response." A pro se plaintiff is similarly expected to adhere to this requirement. The Clerk is requested to mail a copy of this Order to the pro se plaintiff. In addition, it is requested that counsel for defendant Hoffman transmit to plaintiff a copy of this Order by email. SO ORDERED.Attorney Anthony Vassilev terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/26/2019) (ama) Transmission to Docket Assistant Clerk for processing. |
Filing 197 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated 11/26/2019 re: Plaintiffs failure to serve discovery. Document filed by Douglas Hoffman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Plevan, Bettina) |
Filing 195 Vacated as per Judge's Order dated 11/26/2019, Doc. # 198 ORDER: The Court has not received the information required by Docket # 194, which was due November 22, 2019. Plaintiff Alexis Marquez is directed to file a declaration or affidavit by December 2, 2019, explaining why the information has not been provided and stating whether there is any impediment to doing so. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/25/2019) (ama) Modified on 11/27/2019 (ama). |
Filing 196 NOTICE OF APPEARANCE PRO SE by Alexis Marquez. (sc) |
Filing 194 MEMO ENDORSEMENT on re: #193 Letter filed by Alexis Marquez. ENDORSEMENT: The Court is not aware that Mr. Vassilev has stated "whether or not [he] is asserting a retaining or charging lien" as required by Local Civil Rule 1.4. The Court assumes that he is not asserting such a lien. Accordingly, on that premise, the Court intends to grant the motion to withdraw upon the provision of the information required in Docket # 173. The information may be provided in the manner permitted by Docket # 173 In the alternative, Ms. Marquez may file the Court's "Notice of Pro Se Appearance" with the required information. In either event, the information shall be provided by November 22, 2019. The Court will issue the ruling promptly thereafter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2019) (cf) |
Filing 193 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated November 19, 2019 re: Reply in Support of Motion to Withdraw as Plaintiff's Counsel on Consent. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 192 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated 11/15/2019 re: Letter to Judge Gorenstein Opposing Motion to Withdraw. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 191 MEMO ENDORSEMENT on re: #190 Letter filed by Alexis Marquez. ENDORSEMENT: Construing this letter as a motion for reconsideration, it is denied. That being said, if there is particular information (or documents) that any party believes requires protection beyond what is afforded by the Confidentiality Order, the Confidentiality Order does not prevent that party from making an application for additional protection as to that specific information. Any application must be in conformity with paragraph 2.A of the Court's Individual Practices. As part of that process, the parties would presumably agree to an "attorney's eyes only" restriction while the dispute is being resolved. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/14/2019) (kv) |
Filing 190 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated November 14, 2019 re: Request for Clarification Regarding the Court's Protective Order. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 189 CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/14/2019) (kv) |
Filing 188 ORDER re: #183 Letter, filed by Alexis Marquez, #172 Letter,, filed by Rowan Wilson, Leslie Stein, Lauren DeSole, Denis Reo, Saliann Scarpulla, Lucian Chalfen, John McConnell, Lawrence Marks, The State of New York, Lisa Evans, Janet DiFiore, Lori Sattler, Michael Garcia, George Silver, Kay-Ann Porter, Eugene Fahey, Jenny Rivera, Douglas Hoffman, Paul Feinman, The New York State Unified Court System. The Court has reviewed the parties' letters regarding to the proposed confidentiality order (Docket # 172 and 183 ). As to the issue of process, the Court is hopeful that the parties will cooperate as required by the Court's Individual Practices in attempting to resolve all discovery disputes in the future promptly while at the same time hearing the opposing side's position in full. (as further set forth herein). Finally, as to providing a copy of all Non-Disclosure Agreements at the conclusion of the case, the Court recognizes that such a provision has been contained in some protective orders. In the Court's experience, however, it is more common and more beneficial to the investigative process not to include it. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/14/2019) (kv) |
Filing 187 ORDER re: #186 Letter re: Plaintiff's Opposition to Defendant Hoffman's Request to Unseal Portion of October 11 Transcript., filed by Alexis Marquez, #179 Letter re: Defendant Hoffman's Request to Unseal October 11, 2019 Transcript filed by Douglas Hoffman. The Court is in receipt of Defendant's request to unseal portions of the October 11, 2019 transcript and Plaintiff's response. ECF Nos. 179, 186. Defendant's request to unseal is hereby DENIED. (Signed by Judge Andrew L. Carter, Jr on 11/14/2019) (rj) |
Filing 186 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated November 13, 2019 re: Plaintiff's Opposition to Defendant Hoffman's Request to Unseal Portion of October 11 Transcript. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 185 ORDER re: #184 Letter filed by Alexis Marquez. With regard to Docket # 184, the Court notes that it adjudicates applications within the order of reference to the undersigned (Docket # 69) regardless of who the application is addressed to. The motion to withdraw is within that order of reference. Mr. Vassilev has now supplied a reason for the motion to withdraw in Docket # 184, the absence of which was the principal objection by the defendants in their opposition papers. Having now for the first time supplied a reason as contemplated by Local Civil Rule 1.4, the Court will give defendants one further opportunity to respond to the motion. Any response shall be by letter filed on or before November 15, 2019. If plaintiff wishes to reply, she may do so by letter filed on or before November 19, 2019. Finally, in Docket # 184, plaintiff states that she may chose not to "respond to orders" that do not conform to her views as to what should be included in the orders. The Court notes that this is not a proper ground for failing to comply with a court order. Plaintiff is warned that if she fails to comply with court orders in the future, she may be subject to sanctions. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/13/2019) (rch) |
Filing 184 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated November 13, 2019 re: Pending Motion to Withdraw as Counsel. Document filed by Alexis Marquez. (Attachments: #1 Exhibit 1. Letter)(Vassilev, Anthony) |
Filing 183 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated November 12, 2019 re: Plaintiff's Proposed Protective Order. Document filed by Alexis Marquez. (Attachments: #1 Exhibit 1. Plaintiff's Proposed Protective Order, #2 Exhibit 2. Redline)(Vassilev, Anthony) |
Filing 182 MEMORANDUM OF LAW in Opposition re: #170 MOTION for Anthony Vassilev to Withdraw as Attorney . . Document filed by Douglas Hoffman. (Plevan, Bettina) |
Filing 181 ORDER: The Court is in receipt of Defendant's request to unseal the portions of the October 11, 2019 transcript where the Court, Plaintiff, and Plaintiff's counsel discussed potential conflicts. ECF No. 179. Plaintiff is hereby ORDERED to respond to Defendant's request on or before November 13, 2019. (Signed by Judge Andrew L. Carter, Jr on 11/8/2019) (mro) |
Filing 180 MEMO ENDORSEMENT: on re: #172 Letter filed by Rowan Wilson, Leslie Stein, Lauren DeSole, Denis Reo, Saliann Scarpulla, Lucian Chalfen, John McConnell, Lawrence Marks, The State of New York, Lisa Evans, Janet DiFiore, Lori Sattler, Michael Garcia, George Silver, Kay-Ann Porter, Eugene Fahey, Jenny Rivera, Douglas Hoffman, Paul Feinman, The New York State Unified Court System. ENDORSEMENT: Under paragraph 2.A of the Court's Individual Practices, any response to this letter was due November 6, 2019. While it may be that plaintiff does not intend to respond, the Court will nonetheless sua sponte grant an extension to November 12, 2019. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/07/2019) (ama) |
Filing 179 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated November 7, 2019 re: Defendant Hoffman's Request to Unseal October 11, 2019 Transcript. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 178 MEMO ENDORSEMENT on re: #177 Letter filed by Alexis Marquez. ENDORSEMENT: Please provide the information by November 12, 2019, either by the means specified in Docket # 173 or, if plaintiff is admitted to the bar of this Court, through a Notice of Appearance. Any opposition to the motion to withdraw shall be filed by November 12, 2019. Counsel should remind plaintiff that the pendency of the motion to withdraw (or its granting) has no effect on any deadlines in this matter absent Court order. (Set Deadlines/Hearing as to #170 MOTION for Anthony Vassilev to Withdraw as Attorney: Responses due by 11/12/2019) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/6/2019) (jwh) |
Filing 177 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated November 6, 2019 re: Plaintiff's Telephone Number and Email Address. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 176 NOTICE OF CHANGE OF ADDRESS by Edna Doris Guerrasio on behalf of Douglas Hoffman. New Address: Proskauer Rose LLP, 11 Times Square, New York, NY, 10036, 212 969 3012. (Guerrasio, Edna) |
Filing 175 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/11/19 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 174 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/11/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Carol Ganley, (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 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020.(McGuirk, Kelly) |
Filing 173 ORDER: Before this motion docketed as # 170 could be considered, additional information is required. Specifically, because both this Court and Judge Carter at times require telephonic conferences among the parties and with the Court, counsel is directed to provide a telephone number at which Ms. Marquez can be reached. It is also suggested that an email address be provided as that may make communications among the parties more efficient. If it is preferred that the telephone number and email address not appear in the public docket, they may be provided to the Court by means of a letter faxed to (212) 805-4268 ( or hand delivered to the Courthouse), with a copy of the letter sent to counsel by email. The information shall be provided on or before November 6, 2019. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/04/2019) (ama) |
Filing 172 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated November 4, 2019 re: Dispute Regarding Proposed Confidentiality Stipulation. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The New York State Unified Court System, The State of New York, Rowan Wilson.(Plevan, Bettina) |
Filing 171 DECLARATION of Anthony Vassilev in Support re: #170 MOTION for Anthony Vassilev to Withdraw as Attorney .. Document filed by Alexis Marquez. (Attachments: #1 Exhibit 1. Consent to Withdrawal of Counsel)(Vassilev, Anthony) |
Filing 170 MOTION for Anthony Vassilev to Withdraw as Attorney . Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 169 MEMORANDUM AND ORDER: For the reasons state above, Plaintiffs objections are overruled. The Court reminds the parties that it affords Judge Gorenstein's non-dispositive rulings great deference. Any further objections to the discovery schedule should be raised with Judge Gorenstein. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/25/2019) (jca) |
Filing 168 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated 10/21/19 re: Opposition to Plaintiff's Objections to Magistrate Judge's Scheduling Order. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Show Cause Hearing held on 10/11/2019. Anthony Vassilev for Plaintiff. Alexis Marquez, Plaintiff present. Michael Cardozo and Mark Linscott for Defendant Hoffman. Shari Goodstein for Defendants Scarpulla, Silver, Marks, Mc Connell,DeSole, Porter, Evans, Sattler, Reo, Fahey, Feinman, Garcia, Rivera, Stein, Wilson, DiFiore and Chalen. Michael Siudzionski for Defendant State of New York. See Docket No. 167. (Court Reporter: Carol Ganley) (tdh) |
Filing 167 ORDER denying #160 Motion for Order to Show Cause. The Court is in receipt of Plaintiff's Order to Show Cause for a Preliminary Injunction and Temporary Restraining Order, and Defendants' corresponding responses. ECF Nos. 160, 163, 165, 166. The Court held an Order to Show Cause Conference on October 11, 2019. Plaintiff's request for a Preliminary Injunction is hereby DENIED. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule for Defendants' Motions to Dismiss: Plaintiff's Opposition to Defendants' Motions to Dismiss is due on December 30, 2019 and Defendants' Replies to Plaintiff's Opposition are due on January 31, 2020. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule for Plaintiff's Motion to Seal: Plaintiff's Moving Brief is due on February 13, 2020, Defendants' Opposition Briefs are due on February 27, 2020, and Plaintiff's Reply Brief is due on March 5, 2020. Parties' Motion to Seal briefs should be filed as letter briefs not to exceed five-pages. (Signed by Judge Andrew L. Carter, Jr on 10/11/2019) (mro) |
Set/Reset Deadlines: Motions due by 2/13/2020. Responses due by 2/27/2020 Replies due by 3/5/2020. (mro) |
Filing 166 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated October 10, 2019 re: Defendant Hoffman's Proposed Confidentiality Stipulation. Document filed by Douglas Hoffman. (Attachments: #1 September 9, 2019 draft confidentiality stipulation proposed by Defendants, #2 Plaintiff's most recent proposed draft confidentiality stipulation (September 13, 2019), #3 black-line showing the material differences between the two draft confidentiality stipulations, #4 Defendants' October 3, 2019 draft confidentiality stipulation)(Plevan, Bettina) |
Filing 165 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated October 8, 2019 re: #160 MOTION for Order to Show Cause to Temporarily Stay Discovery. Signed Order and Underlying Papers. . Document filed by The New York State Unified Court System. (Siudzinski, Michael) |
Filing 164 DECLARATION of Bettina B. Plevan in Opposition re: #160 MOTION for Order to Show Cause to Temporarily Stay Discovery. Signed Order and Underlying Papers.. Document filed by Douglas Hoffman. (Attachments: #1 Exhibit 1 - Oct. 2, 2019 Email Exchange)(Plevan, Bettina) |
Filing 163 MEMORANDUM OF LAW in Opposition re: #160 MOTION for Order to Show Cause to Temporarily Stay Discovery. Signed Order and Underlying Papers. . Document filed by Douglas Hoffman. (Plevan, Bettina) |
Filing 162 Objection to Magistrate Judge Gorenstein's September 23 Order. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 161 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Shari M. Goodstein dated October 7, 2019 re: #160 MOTION for Order to Show Cause to Temporarily Stay Discovery. Signed Order and Underlying Papers. . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Goodstein, Shari) |
Filing 160 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause to Temporarily Stay Discovery. Signed Order and Underlying Papers. Document filed by Alexis Marquez.(Vassilev, Anthony) Modified on 12/30/2019 (db). |
Filing 159 ORDER denying #154 Letter Motion to Stay ; granting #154 Letter Motion for Extension of Time to File ; granting #154 Letter Motion for Leave to File Excess Pages. The Court is in receipt of the recent Letters from the Parties discussing Plaintiff's request for a temporary stay, Plaintiff's request for an extension of time, and Plaintiff's request for consolidated briefing. ECF Nos. 154-58. Plaintiff's Rule 72(a) Motion is fully briefed and under consideration by the Court. ECF No. 143. At this time, Plaintiff's request for a stay is hereby DENIED. Should Plaintiff wish to formally request a stay, Plaintiff should confer with Defendants and provide the Court with a proposed briefing schedule. Plaintiff's request for an extension of time to respond to Defendants' Motions to Dismiss and Motion to Stay is hereby GRANTED. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule: Plaintiff's Opposition to Defendants' Motions October 30, 2019. Defendants' Replies to Plaintiff's Opposition November 27, 2019. Further, Plaintiff's request to file one 55-page consolidated Opposition to Defendants' Motion is hereby GRANTED.. (Signed by Judge Andrew L. Carter, Jr on 10/1/2019) (rj) |
Set/Reset Deadlines: Responses due by 10/30/2019 Replies due by 11/27/2019. (rj) |
Filing 158 LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 27, 2019 re: #154 LETTER MOTION to Stay Discovery Temporarily Pending Plaintiff's Rule 72(a) Objections addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. LETTER MOTION for Extension of Time to File Plaintiff's Opposition to the State Defendants and UCS's Motions to Dismiss and the State Defendants' Motion to Stay addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dat LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Opposition to the State Defendants' and UCS's Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. . Document filed by Alexis Marquez. (Attachments: #1 Exhibit 1)(Vassilev, Anthony) |
Filing 157 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated September 26, 2019 re: #154 LETTER MOTION to Stay Discovery Temporarily Pending Plaintiff's Rule 72(a) Objections addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. LETTER MOTION for Extension of Time to File Plaintiff's Opposition to the State Defendants and UCS's Motions to Dismiss and the State Defendants' Motion to Stay addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dat LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Opposition to the State Defendants' and UCS's Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. . Document filed by Douglas Hoffman. (Plevan, Bettina) |
Filing 156 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated September 26, 2019 re: #154 LETTER MOTION to Stay Discovery Temporarily Pending Plaintiff's Rule 72(a) Objections addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. LETTER MOTION for Extension of Time to File Plaintiff's Opposition to the State Defendants and UCS's Motions to Dismiss and the State Defendants' Motion to Stay addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dat LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Opposition to the State Defendants' and UCS's Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. . Document filed by The New York State Unified Court System. (Siudzinski, Michael) |
Filing 155 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated September 26, 2019 re: #154 LETTER MOTION to Stay Discovery Temporarily Pending Plaintiff's Rule 72(a) Objections addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. LETTER MOTION for Extension of Time to File Plaintiff's Opposition to the State Defendants and UCS's Motions to Dismiss and the State Defendants' Motion to Stay addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dat LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Opposition to the State Defendants' and UCS's Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Hanna, Monica) |
Filing 154 LETTER MOTION to Stay Discovery Temporarily Pending Plaintiff's Rule 72(a) Objections addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019., LETTER MOTION for Extension of Time to File Plaintiff's Opposition to the State Defendants and UCS's Motions to Dismiss and the State Defendants' Motion to Stay addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019., LETTER MOTION for Leave to File Excess Pages re: Plaintiff's Opposition to the State Defendants' and UCS's Motions to Dismiss addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated September 24, 2019. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 153 ORDER pursuant to Rule 16(b) regarding claims by plaintiff against defendant Douglas Hoffman. (Signed by Magistrate Judge Gabriel W. Gorenstein on 09/23/2019) (GWG) |
Filing 152 REPLY re: #143 Objection (non-motion), Plaintiff's Objection to Magistrate Judge Gorenstein's August 12 Order. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 151 OPPOSITION BRIEF re: #143 Objection (non-motion), to Magistrate's Order. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Goodstein, Shari) |
Filing 150 OPPOSITION BRIEF re: #143 Objection (non-motion), to Plaintiff's August 27, 2019 Objections to Magistrate's Order. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 149 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated September 10, 2019 re: Plaintiff's August 27, 2019 Objections to Magistrate's Order (ECF #143). Document filed by The New York State Unified Court System.(Siudzinski, Michael) |
Filing 148 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated September 5, 2019 re: Plaintiff's Response to the Defendants' Discovery Plan Report. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 147 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated September 4 2019 re: Defendant Hoffmans Response to Order, dated August 29, 2019, ECF No. 145, concerning Rule 26(f) Discovery Plan. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 146 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Monica Hanna dated September 4, 2019 re: State Defendants' Response to Order, dated August 29, 2019, ECF No. 145, concerning Rule 26(f) Discovery Plan. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 145 ORDER: The Court is in receipt of the parties' Rule 26(f) Discovery Plan. (Docket # 144.) The Court notes it may elect to issue a scheduling order as provided in Rule 16(b)(1)(A) without holding a further conference. It is unclear if the defendants' objections to plaintiffs' proposals are fully stated in the Plan. If not, any defendant may file a letter on or before September 5, 2019, outlining that objection. If it is in fact the case (as stated in the Plan) that plaintiff declined to participate in the Rule 26(f) conference ordered by the Court, the Court could properly decline to consider any comments or objections she makes to any proposals contained in the Rule 26(f) plan. Nonetheless, and without ruling at this time as to whether the Court will consider any objections, the Court directs that if plaintiff wishes to respond to the proposals contained in the Plan, she too should do so by letter filed on or before September 5, 2019. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/29/2019) (ama) |
Filing 144 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 143 Objection to Magistrate Judge Gorenstein's August 12 Order. Document filed by Alexis Marquez. (Attachments: #1 Affidavit Declaration in Support of Plaintiff's Objections, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Vassilev, Anthony) |
Filing 142 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated August 22, 2019 re: Plaintiff's Request for Reconsideration of the Briefing Schedule. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 141 ORDER: The Court is in receipt of the recent Letters from the Parties. ECF Nos. 133, 138, 140. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedules: Plaintiff's Objections to Magistrate Judge's Rulings: Plaintiff's Moving Brief August 27, 2019. Defendants' Opposition Brief September 10, 2019. Plaintiff's Reply Brief (if any) September 17, 2019. Defendants' Motions to Dismiss and Motion to Stay Discovery: Plaintiff's Opposition to Defendants' Motions October 2, 2019. Defendants' Replies to Plaintiff's Opposition October 30, 2019. Plaintiff's Motion to Seal Confidential Documents: Plaintiff's Moving Brief November 8, 2019. Defendants' Opposition Brief November 22, 2019. Plaintiff's Reply Brief (if any) November 29, 2019. The Parties are advised, once again, that the Court is not inclined to grant any future requests for extensions., Motions due by 11/8/2019., Responses due by 11/22/2019, Replies due by 11/29/2019. (Signed by Judge Andrew L. Carter, Jr on 8/21/2019) (rj) |
Filing 140 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated August 20, 2019 re: Defendants' Joint Submission in Response to Plaintiff's August 15, 2019 Letter. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 139 ORDER: The Court is in receipt of Plaintiff's Letter dated August 15, 2019. ECF No. 138. Defendants are hereby ORDERED to confer and jointly respond to Plaintiff's Letter by 5:00 p.m. on August 20, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/15/2019) (mml) |
Filing 138 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated August 15, 2019 re: Plaintiff's Request for Extension and Proposed Briefing Schedule for Various Motions. Document filed by Alexis Marquez. (Attachments: #1 Exhibit 1 - Kay-Ann Porter Affidavit, #2 Exhibit 2 - Lisa Evans Proposed Confidentiality Order)(Vassilev, Anthony) |
Filing 137 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DISCOVERY CONFERENCE proceeding held on 8/12/2019 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.(aea) |
Filing 136 TRANSCRIPT of Proceedings re: Discovery Hearing held on 8/12/2019 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/5/2019. Redacted Transcript Deadline set for 9/16/2019. Release of Transcript Restriction set for 11/13/2019.(aea) |
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 8/12/2019. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the court's website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr (rch) |
Filing 135 ORDER: The Court is in receipt of Defendant's Letter proposing a briefing schedule for Plaintiffs anticipated motion to permanently seal or redact documents. ECF No. 133. Plaintiff is hereby ORDERED to respond by 5:00 p.m. on August 15, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/12/2019) (ks) |
Filing 134 STIPULATION TO TEMPORARILY SEAL DOCUMENTS: IT IS HEREBY STIPULATED and agreed by and between all the parties to the above captioned action as follows: 1. All parties agree that the Court temporarily seal the following documents filed by the State Defendants and UCS as exhibits to their respective motions to dismiss: ECF Nos. 119-1, 119-2, 122-1, 122-2, 122-3, and 122-4. 2. The aforementioned documents shall be sealed temporarily pending a decision on Plaintiff's anticipated motion to permanently seal or redact certain documents. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/12/2019) (ks) Transmission to Sealed Records Clerk for processing. |
Filing 133 LETTER addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated August 12, 2019 re: Proposed Briefing Schedule, per this Court's order of today's date. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 132 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated August 12, 2019 re: Stipulation to Temporarily Seal Documents. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 131 ORDER: In their Letters, all sets of Defendants indicate that they do not oppose Plaintiff's request. The Parties are hereby ORDERED to submit a proposed order by 4:00 p.m. on August 12, 2019 indicating their agreement. The Parties are further ORDERED to confer, respectfully, and submit to the Court a proposed briefing schedule for Plaintiff's proposed motion to permanently seal or redact certain documents. (Signed by Judge Andrew L. Carter, Jr on 8/12/2019) (rj) |
Filing 130 LETTER addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated Aug. 12, 2019 re: Plaintiff's Request to Seal Documents (Dkt. 126-127). Document filed by The New York State Unified Court System.(Siudzinski, Michael) |
Filing 129 LETTER addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated August 12, 2019 re: Plaintiff's Failure to Inform the Court of the State Defendants' Consent to Temporarily Seal Certain Documents Pending an Anticipated Motion to Seal. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 128 LETTER addressed to Judge Andrew L. Carter, Jr. from Bettina B. Plevan dated August 12, 2019 re: Defendant Hoffman's Response to Plaintiff's Request to Temporarily Seal Documents. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 127 ORDER re: #126 Letter filed by Alexis Marquez. The Court is in receipt of Plaintiff's letter request to temporarily seal documents. ECF No. 126. Accordingly, Defendants are ordered to respond to Plaintiffs request by August 12, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/9/2019) (kv) |
Filing 126 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated August 8, 2019 re: Plaintiff's Request to Temporarily Seal Documents. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 125 MEMORANDUM OF LAW in Support re: #124 MOTION to Stay re: #122 Declaration in Support of Motion,, #121 MOTION to Dismiss the Third Ameded Complaint., #123 Memorandum of Law in Support of Motion,, . . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Goodstein, Shari) |
Filing 124 MOTION to Stay re: #122 Declaration in Support of Motion,, #121 MOTION to Dismiss the Third Ameded Complaint., #123 Memorandum of Law in Support of Motion,, . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Goodstein, Shari) |
Filing 123 MEMORANDUM OF LAW in Support re: #121 MOTION to Dismiss the Third Ameded Complaint. . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Hanna, Monica) |
Filing 122 DECLARATION of Monica Hanna in Support re: #121 MOTION to Dismiss the Third Ameded Complaint.. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E - Part I, #6 Exhibit Exhibit E - Part II, #7 Exhibit Exhibit F)(Hanna, Monica) |
Filing 121 MOTION to Dismiss the Third Ameded Complaint. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. Responses due by 9/20/2019(Hanna, Monica) |
Filing 120 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss the Third Amended Complaint. . Document filed by The New York State Unified Court System. (Siudzinski, Michael) |
Filing 119 DECLARATION of Michael J. Siudzinski in Support re: #118 MOTION to Dismiss the Third Amended Complaint.. Document filed by The New York State Unified Court System. (Attachments: #1 Exhibit Dec. 15, 2017 letter, #2 Exhibit Oct. 20, 2017 letter)(Siudzinski, Michael) |
Filing 118 MOTION to Dismiss the Third Amended Complaint. Document filed by The New York State Unified Court System. Responses due by 9/20/2019 Return Date set for 10/11/2019 at 11:59 PM.(Siudzinski, Michael) |
Filing 117 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated August 7, 2019 re: Request for Permission to Bring Electronic Device. Document filed by Alexis Marquez. (Attachments: #1 Electronic Device Form Order)(Vassilev, Anthony) |
Filing 116 LETTER RESPONSE to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated August 1, 2019 re: #114 LETTER MOTION to Adjourn Conference from August 5th to August 12th addressed to Magistrate Judge Gabriel W. Gorenstein from Shari M. Goodstein dated July 31, 2019. Upcoming August 12 Conference. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 115 ORDER granting #114 Letter Motion to Adjourn Conference Discovery Hearing set for 8/12/2019 at 11:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. As it turns out, the August 12 date is more convenient for the Court. Accordingly, the conference is adjourned to August 12, 2019, at 11:30 a.m. If this date is not convenient for the parties, an application may be made to adjourn it to a later date by following paragraph 1.F of the Court's Individual Practices. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2019) (rch) |
Filing 114 LETTER MOTION to Adjourn Conference from August 5th to August 12th addressed to Magistrate Judge Gabriel W. Gorenstein from Shari M. Goodstein dated July 31, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Exhibit 7/29 email of T. Vassilev)(Goodstein, Shari) |
Filing 113 ORDER granting #110 Motion for Extension of Time. TheParties are hereby ORDERED to proceed in accordance with the following briefing schedule: UCS' Motion to Dismiss & State Defendants' Motion to Stay August 7, 2019 Plaintiff's Opposition to Defendants' Motions September 20, 2019 UCS' Reply to Plaintiff's Opposition October 11, 2019 State Defendants' Reply to Plaintiff's Opposition October 25, 2019 The Parties are encouraged to communicate with each other and with the Court in an efficient and respectful manner. Further, the Parties are advised that any future requests for extensions will be strongly disfavored by the Court. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/30/2019) (ks) (Main Document 113 replaced on 7/30/2019) (ks). |
Filing 112 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated July 30, 2019 re: #110 LETTER MOTION for Extension of Time to file/serve Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated July 29, 2019. . Document filed by Alexis Marquez. (Vassilev, Anthony) |
Set/Reset Deadlines: Motions due by 8/7/2019. Responses due by 9/20/2019 Replies due by 10/25/2019. (ks) |
Filing 111 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated July 29, 2019 re: #110 LETTER MOTION for Extension of Time to file/serve Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated July 29, 2019. . Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Hanna, Monica) |
Filing 110 LETTER MOTION for Extension of Time to file/serve Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated July 29, 2019. Document filed by The New York State Unified Court System. (Attachments: #1 Text of Proposed Order Revised Scheduling Order)(Siudzinski, Michael) |
Filing 109 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Shari M. Goodstein dated July 26, 2019 Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Def Hoffman Requests for Production)(Goodstein, Shari) |
Filing 108 ORDER: A conference to discuss the discovery dispute raised in the letter from plaintiff dated July 22, 2019, will take place on Monday, August 5, 2019, at 11:30 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. This is the only matter scheduled for this date and time. Please be sure to arrive sufficiently in advance so that the conference may begin promptly. Each attorney is directed to ensure that all other attorneys are aware of the conference date and time. In addition, any requests for an adjournment must be made in compliance with paragraph 1.F of Judge Gorenstein's Individual Practices. SO ORDERED., ( Discovery Hearing set for 8/5/2019 at 11:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/25/2019) (ama) |
Filing 107 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael J. Siudzinski dated July 24, 2019 re: Parties' request for court conference. Document filed by The New York State Unified Court System.(Siudzinski, Michael) |
Filing 106 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bettina B. Plevan dated July 24, 2019 re: Opposition to Plaintiff's July 22, 2019 Letter Requesting a Pre-Motion Conference. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 105 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated July 22, 2019 re: Plaintiff's Request for a Pre-Motion Conference. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 104 ORDER terminating #101 Letter Motion for Conference ; granting #103 Letter Motion for Extension of Time. The Court is in receipt of the Letter Motions from the Parties. ECF Nos. 101-103. The State Defendants, UCS, and Plaintiff are hereby ORDERED to proceed in accordance with the following revised and consolidated briefing schedule: Defendants' Motions to Dismiss July 31, 2019; Plaintiff's Opposition to Defendants' Motions September 13, 2019; Defendants' Replies to Plaintiff's Opposition October 4, 2019; The Parties are granted leave to file memoranda of law in support and in opposition to the motion not to exceed 40 pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/20/2019) (ne) |
Set/Reset Deadlines: Motions due by 7/31/2019. Responses due by 9/13/2019. Replies due by 10/4/2019. (ne) |
Filing 103 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time and Joint Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated June 19, 2019. Document filed by Alexis Marquez.(Vassilev, Anthony) Modified on 8/22/2019 (ldi). |
Filing 102 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated June 19, 2019 re: #101 LETTER MOTION for Conference re: proposed motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated June 14, 2019. . Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 101 LETTER MOTION for Conference re: proposed motion to dismiss addressed to Judge Andrew L. Carter, Jr. from Michael J. Siudzinski dated June 14, 2019. Document filed by The New York State Unified Court System.(Siudzinski, Michael) |
Filing 100 NOTICE OF APPEARANCE by Michael John Siudzinski on behalf of The New York State Unified Court System. (Siudzinski, Michael) |
Filing 99 MEMO ENDORSEMENT on re: #98 Proposed Stipulation and Order, filed by Rowan Wilson, Leslie Stein, Lauren DeSole, Denis Reo, Saliann Scarpulla, Lucian Chalfen, John McConnell, Lawrence Marks, The State of New York, Lisa Evans, Janet DiFiore, Lori Sattler, Michael Garcia, George Silver, Kay-Ann Porter, Eugene Fahey, Jenny Rivera, Douglas Hoffman, Paul Feinman, The New York State Unified Court System. ENDORSEMENT: It is unnecessary to seek an extension of the stay briefing as long as it coincides with deadlines set by Judge Carter. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/13/2019) (anc) |
Filing 98 PROPOSED STIPULATION AND ORDER. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The New York State Unified Court System, The State of New York, Rowan Wilson. (Goodstein, Shari) |
Filing 97 ORDER granting #95 Motion for Extension of Time to File ; granting #95 Motion for Leave to File Excess Pages. The Court is in receipt of the State Defendants' and Plaintiff's letters dated June 11 and June 12, 2019. ECF Nos. 95-96. The Parties are hereby ORDERED to proceed in accordance with the following revised briefing schedule: Defendants' Motion to Dismiss June 21, 2019 Plaintiff's Opposition to Defendants' Motion July 22, 2019 Defendants' Reply to Plaintiff's Opposition August 2, 2019 The Parties are granted leave to file memoranda of law in support and in opposition to the motion not to exceed 40 pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/12/2019) (ks) |
Filing 96 LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated June 12, 2019 re: #95 LETTER MOTION for Extension of Time to File State Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated June 11, 2019. LETTER MOTION for Leave to File Excess Pages re: Memo of Law in support of the State Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated June 11, 2019. . Document filed by Alexis Marquez. (Vassilev, Anthony) |
Set/Reset Deadlines: Motions due by 6/21/2019. Responses due by 7/22/2019 Replies due by 8/2/2019. (ks) |
Filing 95 LETTER MOTION for Extension of Time to File State Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated June 11, 2019., LETTER MOTION for Leave to File Excess Pages re: Memo of Law in support of the State Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated June 11, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 94 MEMO ENDORSEMENT: on re: #91 Letter filed by Alexis Marquez. ENDORSEMENT: The minute entry accurate reflects the Court's ruling. The Court will add that plaintiff shall be similarly free to serve discovery requests on the newly-named entity. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/10/2019) (ama) |
Filing 93 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated June 5, 2019 re: Reply to Hoffman's Opposition to Plaintiff's Requested Correction to the Court's May 16 Minute Entry. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 92 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Edna D. Guerrasio dated 6/4/19 re: We write to oppose Plaintiff's request to correct the Minute Entry dated May 16, 2019. Document filed by Douglas Hoffman.(Guerrasio, Edna) |
Filing 91 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated May 29, 2019 re: Correction to May 16, 2019, Minute Entry. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Civil Cause for Conference proceeding held on 5/16/2019 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.(vba) |
Filing 89 TRANSCRIPT of Proceedings re: Civil Casue for Conference held on 5/16/2019 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. 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 6/13/2019. Redacted Transcript Deadline set for 6/24/2019. Release of Transcript Restriction set for 8/21/2019.(vba) (Main Document 89 replaced on 6/6/2019) (vba). |
Filing 88 ELECTRONIC SUMMONS ISSUED as to The New York State Unified Court System. (pc) |
Filing 87 REQUEST FOR ISSUANCE OF SUMMONS as to The New York State Unified Court System, re: #86 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 86 THIRD AMENDED COMPLAINT amending #72 Amended Complaint,, against Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson, The New York State Unified Court System with JURY DEMAND.Document filed by Alexis Marquez. Related document: #72 Amended Complaint,,. (Attachments: #1 Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) |
Filing 85 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Anthony Vassilev dated May 16, 2019 re: May 16 Scheduling Conference. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 5/16/2019. Plaintiff has leave to file a Third Amended Complaint, provided its only change to the Second Amended Complaint is to allege that a new entity or entities are the plaintiff's employer and to add such entity or entities as defendants. Briefing on any motion for a stay shall follow the briefing schedule on the motion to dismiss, except that the motion for a stay will be returnable before Judge Gorenstein and shall comply with his Individual Practices. Discovery is temporarily stayed pending the motion for a stay, except that defendant Hoffman may serve discovery requests on any newly-named entity as stated at the conference held today. (rch) |
Filing 84 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from BETTINA B. PLEVAN dated MAY 15, 2019 re: DISCOVERY DISPUTE AND MAY 16 CONFERENCE. Document filed by Douglas Hoffman. (Attachments: #1 Subpoena)(Plevan, Bettina) |
Filing 83 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Shari M. Goodstein dated May 14, 2019 re: Request pre-filing conference to request permission to file motion to stay discovery. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Attachments: #1 Attachment to letter)(Goodstein, Shari) |
Filing 82 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/1/19 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 81 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/1/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Michael McDaniel, (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 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019.(McGuirk, Kelly) |
Filing 80 ORDER: granting #79 Letter Motion for Conference. Conference adjourned to May 16, 2019, at 3:00 p.m. Please note the time change from the one requested. SO ORDERED. Initial Conference set for 5/16/2019 at 03:00 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/07/2019) (ama) |
Filing 79 LETTER MOTION for Conference re: #75 Order for Initial Pretrial Conference, addressed to Magistrate Judge Gabriel W. Gorenstein from Shari M. Goodstein dated May 7, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Goodstein, Shari) |
Filing 78 ORDER granting #76 Letter Motion for Leave to File Document. The Court is in receipt of Defendants' Letter dated May 2, 2019. ECF No. 76. The Parties are hereby ORDERED to proceed in accordance with the following briefing schedule: Defendants' Motion to Dismiss June 14, 2019, Plaintiff's Opposition to Defendants' Motion July 15, 2019, Defendants' Reply to Plaintiff's Opposition July 26, 2019. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/6/2019) (rj) |
Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated May 6, 2019 re: #76 LETTER MOTION for Leave to File Motion to Dismiss Second Amended Complaint by June 21, 2019 addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated May 2, 2019. Proposed Briefing Schedule for the State Defendants' Motion to Dismiss. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Set/Reset Deadlines: Motions due by 6/14/2019. Responses due by 7/15/2019 Replies due by 7/26/2019. (rj) |
Filing 76 LETTER MOTION for Leave to File Motion to Dismiss Second Amended Complaint by June 21, 2019 addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated May 2, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 75 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 5/10/2019 at 02:45 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (As further set forth in this order) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/29/2019) (ne) |
Filing 74 NOTICE OF APPEARANCE by Shari M. Goodstein on behalf of Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Goodstein, Shari) |
Filing 73 NOTICE OF APPEARANCE by Shari M. Goodstein on behalf of Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia. (Goodstein, Shari) |
Filing 72 SECOND AMENDED COMPLAINT amending #43 Amended Complaint,, against Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson with JURY DEMAND.Document filed by Alexis Marquez. Related document: #43 Amended Complaint,,. (Attachments: #1 Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) |
Filing 71 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/1/19 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 70 TRANSCRIPT of Proceedings re: conference held on 4/1/2019 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Michael McDaniel, (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 5/9/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/17/2019.(McGuirk, Kelly) |
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 4/1/2019. Anthony Vassilev with Plaintiff Alexis Marquez. Bettina Plevan and Edna Guerrasio for Defendant Hoffman. Monica Hanna and Shari Goldstein for Defendant(s) Scarpulla, Silver, Marks, Mc Connell, De Sole, Porter, Evans, Sattler, Reo, Fahey, Feinman, Garcia, Rivera, Stein, Wilson, DiFiore, State of NY and Chalfen. See Docket No. 68. (tdh) |
Filing 69 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 Gabriel W. Gorenstein. (Signed by Judge Andrew L. Carter, Jr on 4/1/2019) (rro) |
Filing 68 ORDER: Pursuant to the Pre-Motion Conference held by the Court on April 1, 2019, Plaintiff is hereby GRANTED leave to amend the First Amended Complaint. ECF No. 43. Plaintiff is hereby ORDERED to file the Second Amended Complaint on or before April 22, 2019. Plaintiff consents to hold Defendant Hoffman's Answer to the Second Amended Complaint in abeyance until the disposition of any motion to dismiss. All other Defendants are hereby ORDERED to respond to Plaintiff's Second Amended Complaint on or before May 6, 2019. Should these Defendants still wish to file a motion to dismiss, Defendants are hereby ORDERED to confer with Plaintiff and file a proposed briefing schedule with the Court in lieu of an Answer. Regarding discovery issues, the Parties are hereby ORDERED to contact Magistrate Judge Gabriel W. Gorenstein to set up an initial conference. SO ORDERED. (Amended Pleadings due by 4/22/2019.) (Signed by Judge Andrew L. Carter, Jr on 4/1/2019) (rro) |
Filing 67 ORDER granting #64 Letter Motion for Conference. The Court is in receipt of the letters from the Parties. ECF Nos. 64-66. Defendants' request for a Pre- Motion Conference is hereby GRANTED. The parties are hereby ORDERED to appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on April 1, 2019 at 2:00 p.m. SO ORDERED. Pre-Motion Conference set for 4/1/2019 at 02:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 2/27/2019) (rj) |
Filing 66 LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated February 27, 2019 re: #64 LETTER MOTION for Conference in anticipation of State Defendants' Motion to Dismiss, pursuant to this Court's Individual Practices 2.A. addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated February 19, 2019. In Opposition to Plaintiff's Request for Additional Pre-Motion Written Submissions. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson. (Hanna, Monica) |
Filing 65 LETTER addressed to Judge Andrew L. Carter, Jr. from Anthony Vassilev dated February 22, 2019 re: Plaintiff's Request for More Information From the State Defendants. Document filed by Alexis Marquez.(Vassilev, Anthony) |
Filing 64 LETTER MOTION for Conference in anticipation of State Defendants' Motion to Dismiss, pursuant to this Court's Individual Practices 2.A. addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated February 19, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 63 NOTICE OF APPEARANCE by Monica Hanna on behalf of Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson. (Hanna, Monica) |
Filing 62 ANSWER to #43 Amended Complaint,,. Document filed by Douglas Hoffman.(Plevan, Bettina) |
Filing 61 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff Alexis Marquez and counsel for Defendant Douglas Hoffman, that the time for Defendant Hoffman to answer, move, or otherwise respond to the Complaint is hereby extended for a period of thirty-two (32) days up to and including February 19, 2019. A prior extension request was made by the State of New York on November 26, 2018. The request was made on behalf of all defendants because many, including Douglas Hoffman, had not yet retained counsel. The extension was granted on the same day, November 26, 2018. This firm was retained to represent Mr. Hoffman in late December 2018, shortly after the Attorney General authorized him to retain private counsel. No provision of this Stipulation and Order shall be construed as a waiver of either party's claims or defenses and each party expressly reserves any and all of the same. SO ORDERED. Douglas Hoffman answer due 2/19/2019. (Signed by Judge Andrew L. Carter, Jr on 1/16/2019) (rj) |
Filing 60 ORDER granting #59 Letter Motion for Extension of Time to Answer. SO ORDERED. Lucian Chalfen answer due 2/19/2019; Lauren DeSole answer due 2/19/2019; Janet DiFiore(individually) answer due 2/19/2019; Janet DiFiore(in her official capacity as Chief Judge of New York State) answer due 2/19/2019; Lisa Evans answer due 2/19/2019; Eugene Fahey answer due 2/19/2019; Paul Feinman answer due 2/19/2019; Michael Garcia answer due 2/19/2019; Lawrence Marks answer due 2/19/2019; John McConnell answer due 2/19/2019; Kay-Ann Porter answer due 2/19/2019; Denis Reo answer due 2/19/2019; Jenny Rivera answer due 2/19/2019; Lori Sattler answer due 2/19/2019; Saliann Scarpulla answer due 2/19/2019; George Silver answer due 2/19/2019; Leslie Stein answer due 2/19/2019; The State of New York answer due 2/19/2019; Rowan Wilson answer due 2/19/2019. (Signed by Judge Andrew L. Carter, Jr on 1/16/2019) (rj) |
Filing 59 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated January 15, 2019. Document filed by Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson.(Hanna, Monica) |
Filing 58 LETTER addressed to Judge Andrew L. Carter, Jr. from EDNA D. GUERRASIO, ESQ. dated JANUARY 15, 2019 re: STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT ON BEHALF OF DEFENDANT HOFFMAN. Document filed by Douglas Hoffman. (Attachments: #1 Stipulation to Extend Time to Answer, Move or Otherwise Respond to the Complaint on behalf of Defendant Hoffman)(Guerrasio, Edna) |
Filing 57 NOTICE OF APPEARANCE by Edna Doris Guerrasio on behalf of Douglas Hoffman. (Guerrasio, Edna) |
Filing 56 NOTICE OF APPEARANCE by Michael A. Cardozo on behalf of Douglas Hoffman. (Cardozo, Michael) |
Filing 55 NOTICE OF APPEARANCE by Bettina Barasch Plevan on behalf of Douglas Hoffman. (Plevan, Bettina) |
Filing 54 ORDER granting #53 Letter Motion for Extension of Time to Answer. SO ORDERED. The State of New York answer due 1/18/2019. (Signed by Judge Andrew L. Carter, Jr on 11/26/2018) (rj) |
Filing 53 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint addressed to Judge Andrew L. Carter, Jr. from Monica Hanna dated November 26, 2018. Document filed by The State of New York.(Hanna, Monica) |
Filing 52 NOTICE OF APPEARANCE by Monica Hanna on behalf of The State of New York. (Hanna, Monica) |
Filing 51 AFFIDAVIT OF SERVICE. Lucian Chalfen served on 11/9/2018, answer due 11/30/2018; Lauren DeSole served on 11/9/2018, answer due 11/30/2018; Janet DiFiore(individually) served on 11/9/2018, answer due 11/30/2018; Janet DiFiore(in her official capacity as Chief Judge of New York State) served on 11/9/2018, answer due 11/30/2018; Lisa Evans served on 11/9/2018, answer due 11/30/2018; Eugene Fahey served on 11/9/2018, answer due 11/30/2018; Paul Feinman served on 11/9/2018, answer due 11/30/2018; Michael Garcia served on 11/9/2018, answer due 11/30/2018; Douglas Hoffman served on 11/9/2018, answer due 11/30/2018; Lawrence Marks served on 11/9/2018, answer due 11/30/2018; John McConnell served on 11/9/2018, answer due 11/30/2018; Kay-Ann Porter served on 11/9/2018, answer due 11/30/2018; Denis Reo served on 11/9/2018, answer due 11/30/2018; Jenny Rivera served on 11/9/2018, answer due 11/30/2018; Lori Sattler served on 11/9/2018, answer due 11/30/2018; Saliann Scarpulla served on 11/9/2018, answer due 11/30/2018; George Silver served on 11/9/2018, answer due 11/30/2018; Leslie Stein served on 11/9/2018, answer due 11/30/2018; The State of New York served on 11/7/2018, answer due 11/28/2018; Rowan Wilson served on 11/9/2018, answer due 11/30/2018. Service was accepted by Alexandra Lewis, Denis Reo, Saliann Scarpulla, Melissa Barquinero, Lee Adlerstein, John Asiello, and Managing Attorney's Office of the New York Attorney General. Service was made by Mail. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 50 ELECTRONIC AMENDED SUMMONS ISSUED as to Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson. (pc) (Main Document 50 replaced on 11/7/2018) (pc). |
Filing 49 ELECTRONIC SUMMONS ISSUED as to The State of New York. (pc) |
Filing 48 ELECTRONIC SUMMONS ISSUED as to Lucian Chalfen. (pc) |
Filing 47 REQUEST FOR ISSUANCE OF SUMMONS as to Lucian Chalfen, re: #43 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 46 REQUEST FOR ISSUANCE OF SUMMONS as to The State of New York, re: #43 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 45 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson, re: #43 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 44 ORDER: Plaintiff has informed the Court that Amended Complaint (ECF No. 39) was improperly entered. It is hereby ORDERED that Amended Complaint (ECF No. 39) be terminated. The Court notices ECF No. 43 as the proper Amended Complaint. (Signed by Judge Andrew L. Carter, Jr on 11/6/2018) (mro) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Anthony Vassilev to RE-FILE Document No. #40 Request for Issuance of Amended Summons, #42 Request for Issuance of Summons, #41 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please refile your request and link the summons to the corrected pleading; you must include c/o on the second line of the address in the "To" field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
Filing 43 AMENDED COMPLAINT amending #21 Complaint,, against Lucian Chalfen, Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, The State of New York, Rowan Wilson with JURY DEMAND.Document filed by Alexis Marquez. Related document: #21 Complaint,,. (Attachments: #1 Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) |
Filing 42 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Lucian Chalfen, re: #39 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) Modified on 11/6/2018 (jgo). |
Filing 41 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The State of New York, re: #39 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) Modified on 11/6/2018 (jgo). |
Filing 40 FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson, re: #39 Amended Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) Modified on 11/6/2018 (jgo). |
Filing 39 FILING ERROR - PDF ERROR (SEE #43 Amended Complaint) - AMENDED COMPLAINT amending #21 Complaint,, against Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson, The State of New York, Lucian Chalfen with JURY DEMAND.Document filed by Alexis Marquez. Related document: #21 Complaint,,. (Attachments: #1 Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) Modified on 11/6/2018 (jgo). Modified on 11/7/2018 (db). |
Filing 38 ELECTRONIC SUMMONS ISSUED as to Janet DiFiore. (dnh) |
Filing 37 ELECTRONIC SUMMONS ISSUED as to Rowan Wilson. (dnh) |
Filing 36 ELECTRONIC SUMMONS ISSUED as to Leslie Stein. (dnh) |
Filing 35 ELECTRONIC SUMMONS ISSUED as to Jenny Rivera. (dnh) |
Filing 34 ELECTRONIC SUMMONS ISSUED as to Michael Garcia. (dnh) |
Filing 33 ELECTRONIC SUMMONS ISSUED as to Paul Feinman. (dnh) |
Filing 32 ELECTRONIC SUMMONS ISSUED as to Eugene Fahey. (dnh) |
Filing 31 ELECTRONIC SUMMONS ISSUED as to Denis Reo. (dnh) |
Filing 30 ELECTRONIC SUMMONS ISSUED as to Lori Sattler. (dnh) |
Filing 29 ELECTRONIC SUMMONS ISSUED as to Lisa Evans. (dnh) |
Filing 28 ELECTRONIC SUMMONS ISSUED as to Kay-Ann Porter. (dnh) |
Filing 27 ELECTRONIC SUMMONS ISSUED as to Lauren DeSole. (dnh) |
Filing 26 ELECTRONIC SUMMONS ISSUED as to John McConnell. (dnh) |
Filing 25 ELECTRONIC SUMMONS ISSUED as to Lawrence Marks. (dnh) |
Filing 24 ELECTRONIC SUMMONS ISSUED as to George Silver. (dnh) |
Filing 23 ELECTRONIC SUMMONS ISSUED as to Saliann Scarpulla. (dnh) |
Filing 22 ELECTRONIC SUMMONS ISSUED as to Douglas Hoffman. (dnh) |
Filing 21 COMPLAINT against Lauren DeSole, Janet DiFiore(individually), Janet DiFiore(in her official capacity as Chief Judge of New York State), Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson. Document filed by Alexis Marquez. (Attachments: #1 Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) |
Filing 20 NOTICE OF CHANGE OF ADDRESS by Anthony Vassilev on behalf of Alexis Marquez. New Address: 43 West 43rd Street, Suite 54, New York, NY, 10036, (646) 755-7636. (Vassilev, Anthony) |
Case Designated ECF. (pne) |
Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony Vassilev. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331cv. The following correction has been made to your case entry: the Cause of Action code has been modified to 42:1983cv. (pne) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
ADD PARTY FOR PLEADING. Defendants/Respondents Janet DiFiore added. Party added pursuant to #1 Complaint,,.Document filed by Alexis Marquez. Related document: #1 Complaint,,.(Vassilev, Anthony) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anthony Vassilev to RE-FILE re: Document No. #1 Complaint,,. The filing is deficient for the following reasons: all of the parties listed on the pleading were not entered on CM ECF; Janet DiFiore must be added to CM ECF a second time, with party text "in her official capacity as Chief Judge of New York State"; all of the parties whom the pleading is against were not entered/selected. Docket the event type ADD PARTY FOR PLEADING found under the event list Complaints and Other Initiating Documents. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony Vassilev. The party information for the following party/parties has been modified: Janet DiFiore. The information for the party/parties has been modified for the following reason/reasons: party text contained a typographical error. (pne) |
Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Janet DiFiore, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 18 REQUEST FOR ISSUANCE OF SUMMONS as to Rowan Wilson, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Leslie Stein, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Jenny Rivera, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Garcia, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Paul Feinman, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Eugene Fahey, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Denis Reo, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to Lori Sattler, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Lisa Evans, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Kay-Ann Porter, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Lauren DeSole, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to John McConnell, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Lawrence Marks, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to George Silver, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Saliann Scarpulla, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Douglas Hoffman, re: #1 Complaint,,. Document filed by Alexis Marquez. (Vassilev, Anthony) |
Filing 2 CIVIL COVER SHEET filed. (Vassilev, Anthony) |
Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against Lauren DeSole, Janet DiFiore, Lisa Evans, Eugene Fahey, Paul Feinman, Michael Garcia, Douglas Hoffman, Lawrence Marks, John McConnell, Kay-Ann Porter, Denis Reo, Jenny Rivera, Lori Sattler, Saliann Scarpulla, George Silver, Leslie Stein, Rowan Wilson. (Filing Fee $ 400.00, Receipt Number 0208-15445286)Document filed by Alexis Marquez. (Attachments: #1 Exhibit Exhibit A November 2017 Sexual Harassment Policy, #2 Exhibit Exhibit B December 2017 Sexual Harassment Policy)(Vassilev, Anthony) Modified on 8/14/2018 (pne). |
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