Bossuk v. Augusta Sportswear, Inc. et al
| Richard Bossuk |
| Augusta Sportswear, Inc. and Jason Livermore |
| 6:2023cv00406 |
| March 6, 2023 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Job Discrimination (Race) |
| Plaintiff |
Docket Report
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| Filing 131 CASE ELECTRONICALLY TRANSFERRED to the Southern District of Georgia. (RN) |
Filing 130
ORDER denying #127 Motion to Transfer Case Venue to the Eastern District of New York. The Clerk is DIRECTED to transfer this matter to the Southern District of Georgia and thereafter close the case. Signed by Judge Paul G. Byron on 4/7/2023. (ABP)
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| Acknowledgment - Transferred case has been opened in the Southern District of Georgia as case 1:23-cv-36, filed on 4/7/2023. (RPB) |
| Filing 129 MEMORANDUM in opposition re #127 Motion to Change Venue / Transfer Case filed by Augusta Sportswear, Inc., Jason Livermore. (Downer, Cameron) |
| PRO HAC VICE FEES paid by attorney Bryan A. Niemeyer, appearing on behalf of Augusta Sportswear, Inc. (Filing fee $150 receipt number ORL-107477.) Related document: #124 MOTION for Bryan Anthony Niemeyer to appear pro hac vice. (BCB) |
| PRO HAC VICE FEES paid by attorney Cameron C. Downer, appearing on behalf of Augusta Sportswear, Inc. (Filing fee $150 receipt number ORL-107477.) Related document: #123 MOTION for Cameron C. Downer to appear pro hac vice. (BCB) |
| Filing 128 MEMORANDUM in support re #127 MOTION to Transfer Case Venue to the Eastern District of New York filed by Richard Bossuk. (Buzzard, Lucas) Modified on 3/22/2023 to edit docket text(SRD). |
| Filing 127 MOTION to Transfer Case Venue to the Eastern District of New York by Richard Bossuk. (Buzzard, Lucas) Modified on 3/22/2023 to edit docket text (SRD). |
| Filing 126 Minute Entry. In Person Proceedings held before Judge Paul G. Byron: TELEPHONE CONFERENCE held on 3/20/2023. Court Reporter: Koretta Stanford (GNB) |
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Filing 125
ENDORSED ORDER granting #121 Motion to Appear Pro Hac Vice; granting #122 Motion to Appear Pro Hac Vice; granting #123 Motion to Appear Pro Hac Vice; granting #124 Motion to Appear Pro Hac Vice. Lucas Colin Buzzard, Daniel Maimon Kirschenbaum, Cameron C. Downer, and Bryan Anthony Niemeyer are granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 3/19/2023. (Irick, Daniel)
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| PRO HAC VICE FEES paid by attorney Lucas Colin Buzzard, appearing on behalf of Richard Bossuk (Filing fee $150 receipt number ORL-107325.) Related document: #121 MOTION for Lucas Colin Buzzard to appear pro hac vice. (BCB) |
| PRO HAC VICE FEES paid by attorney Daniel Maimon Kirschenbaum, appearing on behalf of Richard Bossuk (Filing fee $150 receipt number ORL-107324.) Related document: #122 MOTION for Daniel Maimon Kirschenbaum to appear pro hac vice. (BCB) |
| Filing 124 MOTION for Bryan Anthony Niemeyer to appear pro hac vice by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Appendix, #2 Mailing Envelope)(BCB) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 123 MOTION for Cameron C. Downer to appear pro hac vice by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Appendix, #2 Mailing Envelope)(BCB) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 122 MOTION for Daniel Maimon Kirschenbaum to appear pro hac vice by Richard Bossuk. (BCB) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 3/15/2023 to edit docket text. (BCB) |
| Filing 121 MOTION for Lucas Colin Buzzard to appear pro hac vice by Richard Bossuk. (BCB) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 3/15/2023 to edit docket text (BCB). |
| Filing 120 NOTICE of Hearing: Telephone Conference set for 3/20/2023 at 10:30 AM EST in Orlando Courtroom 4 B before Judge Paul G. Byron. The parties shall call 888-363-4735 ten (10) minutes before the hearing is set to begin. Access Code: 3126210. The parties should be prepared to discuss why the Court should not transfer the case to the Southern District of Georgia where the majority of the witnesses reside.(GNB) |
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Filing 119
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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| Filing 118 NOTICE TO COUNSEL Leah Seliger, Lucas Colin Buzzard, Daniel Maimon Kirschenbaum, Bryan Anthony Niemeyer and Cameron C Downer Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) |
| Filing 117 TRANSFER IN from the Southern District of New York. Case assigned to District Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New Case Number: 6:23-cv-406-PGB-DCI. (RPB) |
| Filing 116 Case transferred in from District of New York Southern; Case Number 1:21-cv-08273. File received electronically |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Florida.(tg) [Transferred from nysd on 3/7/2023.] |
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Filing 115
ORDER granting #87 Motion to Transfer Case. The defendants' December 7 motion is granted. The Clerk of Court shall transfer this action to the United States District Court for the Middle District of Florida. (Signed by Judge Denise L. Cote on 2/23/2023) (tg) Transmission to Office of the Clerk of Court for processing. [Transferred from nysd on 3/7/2023.]
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| Filing 114 JOINT LETTER addressed to Judge Denise L. Cote from Lucas C. Buzzard dated February 17, 2023 re: Court's February 15 Order (ECF No. 113). Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 113 MEMO ENDORSEMENT on re: #112 Letter filed by Richard Bossuk. ENDORSEMENT: The parties shall promptly confer regarding a transfer to either the Middle or Southern District of Florida and report to the Court by February 17. (Signed by Judge Denise L. Cote on 2/15/2023) (vfr) [Transferred from nysd on 3/7/2023.] |
| Filing 112 LETTER addressed to Judge Denise L. Cote from Lucas C. Buzzard dated February 15, 2023 re: Court's February 14 Order. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
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Filing 111
ORDER: It is hereby ORDERED that by February 16, 2023, the plaintiff shall notify the Court if he has a preference between the United States District Court for the Southern District of Georgia or the United States District Court for the Middle District of Florida. (Signed by Judge Denise L. Cote on 2/14/2023) (vfr) [Transferred from nysd on 3/7/2023.]
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| Filing 110 REPLY MEMORANDUM OF LAW in Support re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida. . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 109 MEMO ENDORSEMENT on re: #108 Letter filed by Richard Bossuk. ENDORSEMENT: The plaintiff's "cross" motion for summary judgment is untimely and will not be considered. (Signed by Judge Denise L. Cote on 1/13/2023) (vfr) [Transferred from nysd on 3/7/2023.] |
| Filing 108 LETTER addressed to Judge Denise L. Cote from Lucas C. Buzzard dated January 12, 2023 re: permission to respond to points in Defendants' Reply. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 107 DECLARATION of Cameron Downer in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit Plaintiff's Responses to Discovery).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 106 DECLARATION of Lucas C. Buzzard in Opposition re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida.. Document filed by Richard Bossuk. (Attachments: #1 Exhibit 1 (2021 W2)).(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 105 DECLARATION of Daniel Maimon Kirschenbaum in Opposition re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida.. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 104 DECLARATION of Richard Bossuk in Opposition re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida.. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 103 MEMORANDUM OF LAW in Opposition re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida. . Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 102 REPLY MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment . . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 101 COUNTER STATEMENT TO #95 Rule 56.1 Statement. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 100 DECLARATION of Cameron C. Downer in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 99 DECLARATION of Derek Ernst in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
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Filing 98
ORDER granting #97 LETTER MOTION to Seal Exhibits 5, 10, and 11 to the Declaration of Lucas C. Buzzard (ECF Nos. 91-5, 91-10, and 91-11). Granted. (Signed by Judge Denise L. Cote on 12/29/2022) (jca) [Transferred from nysd on 3/7/2023.]
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| Filing 97 LETTER MOTION to Seal Exhibits 5, 10, and 11 to the Declaration of Lucas C. Buzzard (ECF Nos. 91-5, 91-10, and 91-11) addressed to Judge Denise L. Cote from Lucas C. Buzzard dated December 28, 2022. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 96 MEMORANDUM OF LAW in Opposition re: #55 MOTION for Summary Judgment . and in support of Plaintiff's motion for partial summary judgment. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 95 RULE 56.1 STATEMENT. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 94 COUNTER STATEMENT TO #76 Rule 56.1 Statement. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 93 DECLARATION of Patricia Ward in Opposition re: #55 MOTION for Summary Judgment .. Document filed by Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 92 DECLARATION of Richard Bossuk in Opposition re: #55 MOTION for Summary Judgment .. Document filed by Richard Bossuk. (Attachments: #1 Exhibit 1 (2013 Performance Review), #2 Exhibit 2 (2014 Midyear Review), #3 Exhibit 3 (2016 Performance Review), #4 Exhibit 4 (2017 Midyear Review), #5 Exhibit 5 (January 2017 Email), #6 Exhibit 6 (May 2019 Email), #7 Exhibit 7 (November 2019 Email), #8 Exhibit 8 (April 2020 Text Message), #9 Exhibit 9 (October 2020 Email), #10 Exhibit 10 (November 2020 Email), #11 Exhibit 11 (September 2020 Email), #12 Exhibit 12 (September 15, 2020 Email), #13 Exhibit 13 (Limmer & Carpenter Emails), #14 Exhibit 14 (Carpenter Email)).(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
| Filing 91 DECLARATION of Lucas C. Buzzard in Opposition re: #55 MOTION for Summary Judgment .. Document filed by Richard Bossuk. (Attachments: #1 Exhibit 1 (Livermore Dep.), #2 Exhibit 2 (Ernst Dep.), #3 Exhibit 3 (Bossuk Dep.), #4 Exhibit 4 (Defendants' Interrogatory Responses), # 5 Exhibit 5 (Sales Spreadsheet), #6 Exhibit 6 (2018 Super Bonus Email & Calculations), #7 Exhibit 7 (2018 Performance Review), #8 Exhibit 8 (2018 Sales Number Email), #9 Exhibit 9 (2019 Super Bonus Recap), # 10 Exhibit 10 (2020 Overall Sales), # 11 Exhibit 11 (2020 Year End Sales), #12 Exhibit 12 (Growick Dep.), #13 Exhibit 13 (Labor Market Survey), #14 Exhibit 14 (Defendants' Answer), #15 Exhibit 15 (2019 Super Bonus Breakdown)).(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
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Filing 90
ORDER: On November 4, 2022, the defendants filed a motion for summary judgment and a motion to dismiss for improper venue. On November 8, the motion to dismiss for improper venue was denied. On December 7, 2022, defendants filed a motion under 28 U.S.C. 1404(a) to transfer this case to the Southern District ofGeorgia or the Middle District of Florida. Plaintiff's opposition to the pending motion for summary judgment is currently due December 16, and defendants' reply is due January 6, 2023. In their motion to transfer, defendants request that briefing on the motion for summary judgment be suspended. On November 18, the Court ordered that there shall be no further extension of the summary judgment briefing deadlines. Accordingly, it is hereby ORDERED that any opposition to the motion to transfer is due January 6, 2023. Any reply is due January 20. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the request to suspend the briefing on the motion for summary judgment is denied., ( Responses due by 1/6/2023, Replies due by 1/20/2023.) (Signed by Judge Denise L. Cote on 12/08/2022) (ama) [Transferred from nysd on 3/7/2023.]
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| Filing 89 MEMORANDUM OF LAW in Support re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida. . Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit Bossuk Deposition Excerpt).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 88 DECLARATION of Jason Livermore in Support re: #87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida.. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 87 MOTION to Transfer Case to the Southern District of Georgia or the Middle District of Florida. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 86 NOTICE OF APPEARANCE by Lucas Colin Buzzard on behalf of Richard Bossuk..(Buzzard, Lucas) [Transferred from nysd on 3/7/2023.] |
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Filing 85
ORDER denying #83 Motion for Reconsideration re #83 MOTION for Reconsideration re; #80 Order on Motion to Dismiss, . filed by Augusta Sportswear, Inc., Jason Livermore. Therefore, it is hereby ORDERED that the defendants' November 22 motion for reconsideration is denied.. (Signed by Judge Denise L. Cote on 11/28/2022) (ks) [Transferred from nysd on 3/7/2023.]
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| Filing 84 MEMORANDUM OF LAW in Support re: #83 MOTION for Reconsideration re; #80 Order on Motion to Dismiss, . . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 83 MOTION for Reconsideration re; #80 Order on Motion to Dismiss, . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
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Filing 82
ORDER granting #81 Letter Motion for Extension of Time to File Response/Reply re #81 LETTER MOTION for Extension of Time to File Response/Reply as to #55 MOTION for Summary Judgment . addressed to Judge Denise L. Cote from D. Maimon Kirschenbaum dated 11/17/2021., #55 MOTION for Summary Judgment . Granted. There shall be no further extension. Responses due by 12/16/2022 . (Signed by Judge Denise L. Cote on 11/18/2022) (tg) Modified on 12/6/2022 (tg). [Transferred from nysd on 3/7/2023.]
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| Filing 81 LETTER MOTION for Extension of Time to File Response/Reply as to #55 MOTION for Summary Judgment . addressed to Judge Denise L. Cote from D. Maimon Kirschenbaum dated 11/17/2021. Document filed by Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
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Filing 80
ORDER terminating #56 Motion to Dismiss: Accordingly, it is hereby ORDERED that the defendants' November 4 motion to dismiss is terminated. IT IS FURTHER ORDERED that the November 7, 2022 Order setting a briefing schedule for the motion is vacated. (Signed by Judge Denise L. Cote on 11/8/2022) (anm). [Transferred from nysd on 3/7/2023.]
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| Filing 79 Vacated as per Judges Order dated November 8, 2022, Doc. #80 ORDER. Modified on 11/9/2022 (jwh). [Transferred from nysd on 3/7/2023.] |
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Filing 78
ORDER granting #54 Letter Motion to Seal. Granted. (Signed by Judge Denise L. Cote on 11/7/2022) (vfr) [Transferred from nysd on 3/7/2023.]
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| Filing 77 MEMORANDUM OF LAW in Support re: #55 MOTION for Summary Judgment . . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 76 RULE 56.1 STATEMENT. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 75 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss for Improper Venue. . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 74 DEPOSITION of Derek Ernst taken on July 29, 2022.Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 73 DEPOSITION of Jason Livermore taken on July 21, 2022.Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 72 DEPOSITION of Richard Bossuk taken on April 13, 2022.Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 71 DECLARATION of TIMOTHY NIXON in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 70 DECLARATION of TERESA BECKER in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 69 ***SELECTED PARTIES***DECLARATION of ROBERT IORIO in Support re: #55 MOTION for Summary Judgment .. Document filed by Jason Livermore, Augusta Sportswear, Inc., Richard Bossuk. (Attachments: #1 Exhibit YTY Sales Comparison, #2 Exhibit YTY Revenue Comparison, #3 Exhibit 2020 Sales Results)Motion or Order to File Under Seal: #54.(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 68 DECLARATION of ROBERT IORIO in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit YTY Sales Comparison (SEALED), #2 Exhibit YTY Revenue Comparison (SEALED), #3 Exhibit 2020 Sales Results (SEALED)).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 67 DECLARATION of PAUL McDONNELL in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 66 ***SELECTED PARTIES***DECLARATION of JULIA MANNING in Support re: #55 MOTION for Summary Judgment .. Document filed by Jason Livermore, Augusta Sportswear, Inc., Richard Bossuk. (Attachments: #1 Exhibit Inaccurate Spreadsheet, #2 Exhibit Hires & Terms Spreadsheet)Motion or Order to File Under Seal: #54.(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 65 DECLARATION of JULIA MANNING in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit Inaccurate Spreadsheet (SEALED), #2 Exhibit Hires & Terms Spreadsheet (SEALED)).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 64 ***SELECTED PARTIES***DECLARATION of JASON LIVERMORE in Support re: #55 MOTION for Summary Judgment ., #56 MOTION to Dismiss for Improper Venue.. Document filed by Jason Livermore, Augusta Sportswear, Inc., Richard Bossuk. (Attachments: #1 Exhibit Discipline Notice, #2 Exhibit April 2015 Review, #3 Exhibit April 2016 Review, #4 Exhibit Performance Improvement Plan, #5 Exhibit 2017 and 2018 Sales Results (SEALED), #6 Exhibit Talent Pool Guidelines, #7 Exhibit 2018 Talent Review, #8 Exhibit Sales Team Composition Analysis, #9 Exhibit Integration Spreadsheet (SEALED), #10 Exhibit First Probation Notice, #11 Exhibit 2019 Sales Results (SEALED), #12 Exhibit Compensation Communication, #13 Exhibit Montessori Email, #14 Exhibit Second Probation Notice, #15 Exhibit 2020 Talent Review, #16 Exhibit Positive Emails, #17 Exhibit Excessive Expense Emails, #18 Exhibit Expense Submission Emails, #19 Exhibit Garreth Carpenter Emails, #20 Exhibit Sick Leave Email, #21 Exhibit Sublimation YTD, #22 Exhibit Sublimation Emails, #23 Exhibit Bossuk Grateful Email, #24 Exhibit Mask Sample Email, #25 Exhibit Mask Inventory Email, #26 Exhibit Mask Shipping Email, #27 Exhibit Top 300 Email, #28 Exhibit Mid-Year Review Email, #29 Exhibit Mapping File Email, #30 Exhibit Super Bonus Breakdown)Motion or Order to File Under Seal: #54.(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 63 DECLARATION of JASON LIVERMORE in Support re: #55 MOTION for Summary Judgment ., #56 MOTION to Dismiss for Improper Venue.. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit Discipline Notice, #2 Exhibit April 2015 Review, #3 Exhibit April 2016 Review, #4 Exhibit Performance Improvement Plan, #5 Exhibit 2017 and 2018 Sales Results (SEALED), #6 Exhibit Talent Pool Guidelines, #7 Exhibit 2018 Talent Review, #8 Exhibit Sales Team Composition Analysis, #9 Exhibit Integration Spreadsheet (SEALED), #10 Exhibit First Probation Notice, #11 Exhibit 2019 Sales Results (SEALED), #12 Exhibit Compensation Communication, #13 Exhibit Montessori Email, #14 Exhibit Second Probation Notice, #15 Exhibit 2020 Talent Review, #16 Exhibit Positive Emails, #17 Exhibit Excessive Expense Emails, #18 Exhibit Expense Submission Emails, #19 Exhibit Garreth Carpenter Emails, #20 Exhibit Sick Leave Email, #21 Exhibit Sublimation YTD, #22 Exhibit Sublimation Emails, #23 Exhibit Bossuk Grateful Email, #24 Exhibit Mask Sample Email, #25 Exhibit Mask Inventory Email, #26 Exhibit Mask Shipping Email, #27 Exhibit Top 300 Email, #28 Exhibit Mid-Year Review Email, #29 Exhibit Mapping File Email, #30 Exhibit Super Bonus Breakdown).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 62 DECLARATION of ELICIA RILEY-DORN in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 61 DECLARATION of DUNCAN PRICE in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 60 DECLARATION of DEREK ERNST in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 59 DECLARATION of DAVID ELLIOTT in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 58 DECLARATION of ARTHUR PRIOLETI in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 57 DECLARATION of AMANDA PRITCHETT in Support re: #55 MOTION for Summary Judgment .. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 56 MOTION to Dismiss for Improper Venue. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 55 MOTION for Summary Judgment . Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 54 CONSENT LETTER MOTION to Seal declaration exhibits addressed to Judge Denise L. Cote from Bryan A. Niemeyer dated November 4, 2022. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Settlement Conference held on 9/29/2022. (cf) [Transferred from nysd on 3/7/2023.] |
| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 9/2/2022. (Court Reporter Khris Sellin) (jwh) [Transferred from nysd on 3/7/2023.] |
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Filing 53
ORDER: Accordingly, it is hereby ORDERED that for the reasons stated on the record at the pretrial conference on September 2, 2022, the defendant's request for discovery of the plaintiff's tax returns is denied. IT IS FURTHER ORDERED that the following schedule shall govern the further conduct of pretrial proceedings in this case: The following motion will be served by the dates indicated below. Motion for Summary Judgment. Motion served by November 4, 2022. Opposition served by December 2, 2022. Reply served by December 16, 2022. In the event that no motion is filed, the Joint Pretrial Order must be filed by November 4, 2022. As described in greater detail in this Court's Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: Voir Dire, Requests to Charge and a Memorandum of Law addressing all questions of law expected to arise at trial. Any responsive papers are due one week thereafter. In the event a party does not file a Memorandum of Law, a responsive Memorandum of Law should not be submitted unless in reply to an unanticipated legal argument in the other party's Memorandum of Law. ( Pretrial Order due by 11/4/2022.) (Signed by Judge Denise L. Cote on 9/2/2022) (rro) [Transferred from nysd on 3/7/2023.]
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| Filing 52 JOINT LETTER addressed to Judge Denise L. Cote from Cameron C. Downer dated September 1, 2022 re: Joint Scheduling Order. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
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Filing 50
ORDER: This case has been reassigned to me for all purposes. On May 12, 2022 the above captioned case was referred to Magistrate Judge Gabriel W. Gorenstein for general pretrial and specific non-dispositive motion/dispute purposes. It is hereby ORDERED that the specific non-dispositive motion/dispute referral is vacated. (Signed by Judge Denise L. Cote on 8/24/2022) (ks) [Transferred from nysd on 3/7/2023.]
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| Filing 51 CASE REFERRED to Magistrate Judge for Settlement. Referred to Magistrate Judge Magistrate Judge Gabriel W. Gorenstein. (ks) [Transferred from nysd on 3/7/2023.] |
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Filing 49
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE:. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Denise L. Cote on 8/23/2022) (ama) [Transferred from nysd on 3/7/2023.]
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Filing 48
ORDER: This case has been reassigned to me for all purposes. On May 12, 2022 the above captioned case was referred to Magistrate Judge Gabriel W. Gorenstein for general pretrial and specific non-dispositive motion/dispute purposes. It is hereby ORDERED that the general pretrial referral is vacated. IT IS FURTHER ORDERED that the action is referred to Magistrate Judge Gabriel W. Gorenstein for settlement purposes. (Signed by Judge Denise L. Cote on 8/23/2022) (ama) [Transferred from nysd on 3/7/2023.]
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Filing 47
NOTICE OF PRETRIAL CONFERENCE: This case has been reassigned to me for all purposes. Due to the COVID-19 pandemic, the pretrial conference will be held telephonically. Counsel for all parties are directed to participate in the initial pretrial conference at the time and using the dial-in instructions listed below. DATE OF CONFERENCE: SEPTEMBER 2, 2022 AT 10:30 A.M. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749; Access code: 4324948. The parties shall use a landline if one is available. SO ORDERED.Telephonic Initial Conference set for 9/2/2022 at 10:30 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/23/2022) (ama) [Transferred from nysd on 3/7/2023.]
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| Filing 46 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cameron C. Downer dated August 19, 2022 re: Joint Letter. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
| Filing 45 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from D. Maimon Kirschenbaum dated 8/17/2022 re: Response to Defendants' Motion to Compel. Document filed by Richard Bossuk..(Kirschenbaum, Daniel) [Transferred from nysd on 3/7/2023.] |
| NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (aea) [Transferred from nysd on 3/7/2023.] |
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Filing 44
MEMO ENDORSEMENT granting #40 Letter Motion to Adjourn Conference ENDORSEMENT: Granted. Settlement conference adjourned to September 28, 2022 at 2:30 p.m. Submissions due September 22, 2022. So Ordered.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/16/2022) Settlement Conference set for 9/28/2022 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein. (ks) [Transferred from nysd on 3/7/2023.]
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| Filing 43 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Bryan A. Niemeyer dated 8/15/2022 re: Production of Tax Returns. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
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Filing 42
ORDER denying without prejudice #41 Letter Motion to Compel. Application denied for failure to comply with paragraph 2.A of the Court's Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG) [Transferred from nysd on 3/7/2023.]
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| Filing 41 LETTER MOTION to Compel Richard Bossuk to produce tax returns addressed to Magistrate Judge Gabriel W. Gorenstein from Bryan A. Niemeyer dated 8/15/2022. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 40 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Bryan A. Niemeyer dated August 12, 2022. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
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Filing 39
MEMO ENDORSEMENT on re: #37 Letter filed by Richard Bossuk. ENDORSEMENT: On or before August 19, 2022, the parties are to submit another joint letter updating the Court on the status of the case, including but not limited to whether discovery has been completed, whether there are any outstanding disputes to be resolved by Judge Gorenstein, and whether the post-discovery conference should be adjourned to allow the parties more time for settlement discussions, and if so, for how long. Pursuant to the order of reference, (Doc. 40), this case is referred to Judge Gorenstein for general pretrial, including settlement discussions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/10/2022) (kv) [Transferred from nysd on 3/7/2023.]
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Filing 38
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for August 29, 2022 at 2:30 p.m. The Court will provide to the parties dial-in information separately by email. Counsel must read the Court's "Standing Order Applicable to Telephonic Settlement Conferences Before Judge Gorenstein," which is attached and is incorporated herein by reference. Upon receipt of this Order, each counsel is directed to confirm with all other counsel that they have received a copy of this Order. When dialing in to the conference, the parties must be in a quiet location,must not be outdoors or in a vehicle, and must not use a speakerphone. And as set forth herein. SO ORDERED.Telephone Settlement Conference set for 8/29/2022 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/09/2022) (ama) [Transferred from nysd on 3/7/2023.]
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| Filing 37 JOINT LETTER addressed to Judge Vernon S. Broderick from Leah Seliger dated 8/8/2022 re: Joint Letter. Document filed by Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
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Filing 36
ORDER granting #35 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The post-discovery conference scheduled for June 23, 2022 at 3:00 p.m. is adjourned to August 23, 2022 at 3:30 p.m. On or before August 8, 2022, the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion, what efforts the parties have made to settle the action, whether any discovery disputes remain outstanding, and whether the parties request referral to a Magistrate Judge for settlement purposes. SO ORDERED. Status Conference set for 8/23/2022 at 03:30 PM before Judge Vernon S. Broderick.. (Signed by Judge Vernon S. Broderick on 6/15/2022) (kv) [Transferred from nysd on 3/7/2023.]
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| Filing 35 LETTER MOTION to Adjourn Conference addressed to Judge Vernon S. Broderick from Cameron C. Downer dated June 14, 2022. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
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Filing 34
STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/31/2022) (ama) [Transferred from nysd on 3/7/2023.]
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| Filing 33 PROPOSED PROTECTIVE ORDER. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit A to Protective Order).(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Complete Discovery. The request to extend the time to complete discovery (Docket # 31) is granted. The discovery deadlines contained in paragraphs 7, 8(c), 9, and 10 of the Court's April 21, 2022 Order (Docket # 24), are each extended to August 15, 2022. The parties shall separately make an application to Judge Broderick to adjourn his post-discovery conference. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/26/2022) (ate) [Transferred from nysd on 3/7/2023.]
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| Filing 31 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from D. Maimon Kirschenbaum dated 5/26/2022. Document filed by Richard Bossuk. (Attachments: #1 Exhibit Proposed Revised Case Management Plan).(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
| Set/Reset Deadlines: Deposition due by 8/15/2022. Discovery due by 8/15/2022. Expert Discovery due by 8/15/2022. Fact Discovery due by 8/15/2022. (ate) [Transferred from nysd on 3/7/2023.] |
| Filing 30 NOTICE of Joint Stipulation and Withdrawal of the Motion to Compel re: #26 MOTION to Compel Plaintiff to Answer Deposition Question ., Notice to Attorney to Re-File Document - Deficient Docket Entry Error,,. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
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Filing 29
ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The Court is aware of the motion to compel filed at Docket # 26. Plaintiff shall respond to this motion by May 18, 2022. Any reply may be filed by May 20, 2022. And as set forth herein. SO ORDERED., ( Responses due by 5/18/2022, Replies due by 5/20/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/13/2022) (ama) [Transferred from nysd on 3/7/2023.]
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Cameron Clark Downer to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of Attorneys.. (Signed by Judge Vernon S. Broderick on 5/13/2022) (kv) [Transferred from nysd on 3/7/2023.]
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bryan Anthony Niemeyer to RE-FILE Document #26 MOTION to Compel Plaintiff to Answer Deposition Question . ERROR(S): Supporting documents are filed separately, each receiving their own document #. ***REMINDER*** - (1) First refile Motion, then file and link any supporting document. (2) The Memorandum in Support must have Formal Caption (i.e. - Court Type, Parties, Case Number and Document Title). (db) [Transferred from nysd on 3/7/2023.] |
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Filing 27
ORDER OF REFERENCE: 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) and Specific Non-Dispositive Motion Dispute: Motion to Compel Plaintiff to answer deposition question (Doc. 26). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Vernon S. Broderick on 5/12/2022) (ama) [Transferred from nysd on 3/7/2023.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Cameron Clark Downer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26130157. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from nysd on 3/7/2023.] |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Plaintiff to Answer Deposition Question . Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Exhibit Deposition Pages).(Niemeyer, Bryan) Modified on 5/13/2022 (db). [Transferred from nysd on 3/7/2023.] |
| Filing 25 MOTION for Cameron Clark Downer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26130157. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Augusta Sportswear, Inc., Jason Livermore. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Pro Hac Vice Admission).(Downer, Cameron) [Transferred from nysd on 3/7/2023.] |
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Filing 24
CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #23 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Except as provided by Rule 15 of the Federal Rules of Civil Procedure, no additional parties may be joined after 30 days from the entry of this order. All fact discovery is to be completed no later than June 16, 2022. Depositions shall be completed by June 16, 2022. All expert discovery, including disclosures, reports, production of underlying documents and depositions shall be completed by June 16, 2022. All discovery shall be completed no later than June 16, 2022. The Court will conduct a post-discovery conference on 6/23/2022 at 3:00 p.m. The parties have conferred and their present best estimate of the length of trial is 4 days. SO ORDERED. Depositions due by 6/16/2022. Discovery due by 6/16/2022. (Signed by Judge Vernon S. Broderick on 4/21/2022) (vfr) [Transferred from nysd on 3/7/2023.]
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| Set/Reset Deadlines: ( Expert Discovery due by 6/16/2022., Fact Discovery due by 6/16/2022.), Set/Reset Hearings:( Status Conference set for 6/23/2022 at 3:00 PM before Judge Vernon S. Broderick.) (vfr) [Transferred from nysd on 3/7/2023.] |
| Filing 23 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from D. Maimon Kirschenbaum dated 4/20/2022. Document filed by Richard Bossuk. (Attachments: #1 Exhibit Proposed Revised Case Management Plan).(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. Depositions due by 5/2/2022. (Signed by Judge Vernon S. Broderick on 3/24/2022) (vfr) [Transferred from nysd on 3/7/2023.]
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| Filing 21 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from D. Maimon Kirschenbaum dated 3/23/2022. Document filed by Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/18/2022 at 10:00 AM in telephone or video conference.(ah) [Transferred from nysd on 3/7/2023.] |
| ***DELETED DOCUMENT. Deleted document number 20 Order for Mediation. The document was incorrectly filed in this case. (rpr) [Transferred from nysd on 3/7/2023.] |
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Filing 19
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. Depositions shall be completed by March 31, 2022. Deposition due by 5/2/2022. Fact Discovery due by 3/31/2022. Expert Discovery due by 5/2/2022. Discovery due by 5/30/2022. Status Conference set for 6/15/2022 at 03:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 12/2/2021) (kv) [Transferred from nysd on 3/7/2023.]
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| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 17 JOINT LETTER addressed to Judge Vernon S. Broderick from Bryan A. Niemeyer, D. Maimon Kirschenbaum, and Leah Seliger dated 12-1-2021 re: Initial Conference Order dated November 17, 2021. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan)[Transferred from nysd on 3/7/2023.] |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/20/2021.(ah) [Transferred from nysd on 3/7/2023.] |
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Filing 15
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by December 1, 2021, the parties submit a joint letter,not to exceed three (3) pages, providing the following information in separate paragraphs: As set forth herein. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/17/2021) (ama) [Transferred from nysd on 3/7/2023.]
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Filing 16
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/26/2021. (Signed by Judge Loretta A. Preska on 10/1/15) (jpt) [Transferred from nysd on 3/7/2023.]
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| Filing 14 ANSWER to #1 Complaint. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
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Filing 12
ORDER re: #7 Affidavit of Service Complaints filed by Richard Bossuk. Plaintiff filed this action on October 7, 2021 (Doc. 1), and filed affidavits of service on October 25, 2021 (Docs. 6 & 7). The deadline for Defendants to respond to Plaintiff's complaint was November 3, 2021. (See Docs. 6 & 7.) To date, Defendants have not responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than November 30, 2021. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/16/2021) (kv) [Transferred from nysd on 3/7/2023.]
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Filing 11
ORDER granting #10 Motion for Bryan A. Niemeyer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa) [Transferred from nysd on 3/7/2023.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 3/7/2023.] |
| Filing 10 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Augusta Sportswear, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Niemeyer, Bryan) [Transferred from nysd on 3/7/2023.] |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25264307. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) [Transferred from nysd on 3/7/2023.] |
| Filing 9 PROPOSED ORDER. Document filed by Augusta Sportswear, Inc.. Related Document Number: #8..(Niemeyer, Bryan) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from nysd on 3/7/2023.] |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25264307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Augusta Sportswear, Inc.. (Attachments: #1 Affidavit Affidavit in Support of PHV, #2 Exhibit Certificate of Good Standing).(Niemeyer, Bryan) Modified on 11/1/2021 (aea). [Transferred from nysd on 3/7/2023.] |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Jason Livermore served on 10/13/2021, answer due 11/3/2021. Service was accepted by Julie Manning, Co-Worker. Document filed by Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Augusta Sportswear, Inc. served on 10/13/2021, answer due 11/3/2021. Service was accepted by Julie Manning, Authorized Individual. Document filed by Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Augusta Sportswear, Inc., Jason Livermore..(jgo) [Transferred from nysd on 3/7/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from nysd on 3/7/2023.] |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from nysd on 3/7/2023.] |
| Case Designated ECF. (jgo) [Transferred from nysd on 3/7/2023.] |
| Filing 4 NOTICE OF APPEARANCE by Leah Seliger on behalf of Richard Bossuk..(Seliger, Leah) [Transferred from nysd on 3/7/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Augusta Sportswear, Inc. AND Jason Livermore, re: #1 Complaint. Document filed by Richard Bossuk..(Kirschenbaum, Daniel) [Transferred from nysd on 3/7/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) [Transferred from nysd on 3/7/2023.] |
| Filing 1 COMPLAINT against Augusta Sportswear, Inc., Jason Livermore. (Filing Fee $ 402.00, Receipt Number ANYSDC-25163583)Document filed by Richard Bossuk..(Kirschenbaum, Daniel) [Transferred from nysd on 3/7/2023.] |
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