Mellits v. Mclaren Engineering Group
| Piero V. Mellits |
| Mclaren Engineering Group |
| 8:2022cv00091 |
| January 13, 2022 |
| US District Court for the District of Maryland |
| Deborah K Chasanow |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2022. A more recent docket listing may be available from PACER.
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Filing 42
PAPERLESS ORDER granting #41 Motion for Extension of Time. Defendant's response to complaint due by March 14, 2022. Signed by Judge Deborah K. Chasanow on 3/7/2022. (Chasanow, Deborah)
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| Filing 41 Consent MOTION for Extension of Time by Mclaren Engineering Group (Attachments: #1 Text of Proposed Order Order)(Pupkin, Jessica) |
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Filing 40
LETTER/ORDER DENYING #32 motion for default judgment. Defendant will respond to Plaintiff's complaint by March 7, 2022. Signed by Judge Deborah K. Chasanow on 2/28/2022. (sat, Chambers)
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| Filing 39 Telephone Conference held on 2/28/2022 before Judge Deborah K. Chasanow.(FTR - Ulander - 4C.) (bus, Deputy Clerk) |
| Filing 38 Correspondence re: Response to Defense Counsel (Fischer, Morris) |
| Filing 37 PAPERLESS NOTICE SCHEDULING a recorded telephone conference with counsel on Monday, February 28, 2022, at 2:00 p.m. Call-in information will be emailed to counsel. (sat, Chambers) |
| Filing 36 Request for Conference (Attachments: #1 Exhibit Exh A)(Marshall, Stephen) |
| Filing 35 REQUEST for Extension of Time to File Response to Complaint (Attachments: #1 Exhibit Exh A)(Marshall, Stephen) |
| Filing 34 NOTICE of Appearance by Jessica Blake Pupkin on behalf of Mclaren Engineering Group (Pupkin, Jessica) |
| Filing 33 NOTICE of Appearance by Stephen J Marshall on behalf of Mclaren Engineering Group (Marshall, Stephen) |
| Filing 32 MOTION for Default Judgment as to by Piero V. Mellits (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Fischer, Morris) |
| Filing 31 Correspondence to counsel re: transfer notification letter. (c/m 1/13/2022 - mg3s, Deputy Clerk) |
| Filing 30 Case transferred in from District of New York Southern; Case Number 1:21-cv-07310. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Maryland. (mml) |
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Filing 29
ORDER: It is hereby ORDERED that this action shall be transferred to the United States District Court of Maryland. (Signed by Judge Lorna G. Schofield on 1/6/2022) (mml) Transmission to Office of the Clerk of Court for processing.
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| Filing 28 LETTER addressed to Judge Lorna G. Schofield from Mary Hurley Kellett, Esq. / Jacqueline Olsen, Esq. dated 01/04/2022 re: Response to Plaintiffs letter in connection with the Courts Order to Show Cause why the action should not be transferred to the District Court of Maryland. Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) |
| Filing 27 LETTER addressed to Judge Lorna G. Schofield from Morris E. Fischer, Esq. dated 12/27/21 re: Addressing Order to show cause re: transfer to the United States District Court of Maryland.. Document filed by Piero V. Mellits..(Fischer, Morris) |
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Filing 26
ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply re #24 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Order to Show Cause, #23 CONSENT MOTION to Continue Response to Order to Show Cause., #22 Letter, addressed to Judge Lorna G. Schofield from Mary Hurle. The application is GRANTED. By January 4, 2022, Defendant shall file a letter in response to any letter submitted by Plaintiff in connection with the Court's order to show cause why the action should not be transferred to the District Court of Maryland. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 24. Responses due by 1/4/2022. (Signed by Judge Lorna G. Schofield on 12/17/2021) (ate)
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Filing 25
ORDER granting #23 CONSENT MOTION to Continue Response to Order to Show Cause. The application for an extension is GRANTED. By December 27, 2021, Plaintiff shall show cause, in writing, why this action should not be transferred to the United States District Court of Maryland. The Clerk of Court is respectfully directed to close the motion at Docket No. 23. (Signed by Judge Lorna G. Schofield on 12/16/2021) (jca)
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| Filing 24 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Order to Show Cause, #23 CONSENT MOTION to Continue Response to Order to Show Cause., #22 Letter, addressed to Judge Lorna G. Schofield from Mary Hurley Kellett dated 12/15/2021. Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) |
| Filing 23 CONSENT MOTION to Continue Response to Order to Show Cause. Document filed by Piero V. Mellits. (Attachments: #1 Text of Proposed Order).(Fischer, Morris) |
| Filing 22 LETTER addressed to Judge Lorna G. Schofield from Mary Hurley Kellett dated 12/15/2021 re: Addressing Order to show cause re: transfer to the United States District Court of Maryland. Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) |
| Filing 21 SUPPLEMENTAL LETTER addressed to Judge Lorna G. Schofield from Morris E. Fischer dated 12/09/2021 re: Mellits v. Mclaren Engineering Group. Document filed by Piero V. Mellits..(Fischer, Morris) |
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Filing 20
ORDER: It is hereby ORDERED that the parties shall show cause, in writing, by December 15, 2021, why this action should not be transferred to the United States District Court of Maryland. The parties shall file separate letters stating whether the action should be transferred and analyzing the factors set forth above. (Signed by Judge Lorna G. Schofield on 12/8/2021) (jca)
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Filing 19
ORDER with respect to #17 Letter Motion for Leave to File Document. By December 10, 2021, Plaintiff shall file a response to this letter. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/6/2021) (vfr)
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| Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Morris E. Fischer, Esq. dated 12/06/2021 re: #17 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Lorna G. Schofield from Mary Hurley Kellett and Jacqueline L. Olsen dated 12/03/2021. . Document filed by Piero V. Mellits..(Fischer, Morris) |
| Set/Reset Deadlines: Responses due by 12/10/2021 (vfr) |
| Filing 17 LETTER MOTION for Leave to File Motion to Dismiss Plaintiff's Complaint addressed to Judge Lorna G. Schofield from Mary Hurley Kellett and Jacqueline L. Olsen dated 12/03/2021. Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) |
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Filing 16
CIVIL 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. See 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 to 7 days. Amended Pleadings due by 2/28/2022. Joinder of Parties due by 2/28/2022. Deposition due by 4/5/2022. Fact Discovery due by 4/5/2022. Expert Discovery due by 5/20/2022. Telephone Conference set for 6/1/2022 at 04:30 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/1/2021) (mml)
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Filing 15
ORDER: It is hereby ORDERED that the December 2, 2021, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant seeks to file a motion to dismiss, it shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 12/1/2021) (mml)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #12 MOTION for Molly Hurley Kellett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25404292. Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION to Add Applicant(s) molly hurley kellett . The filing is deficient for the following reason(s): missing Certificate of Good Standing from New York > New Jersey; Missing Affidivat for the PHV applicant. 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) |
| Filing 14 LETTER addressed to Judge Lorna G. Schofield from Morris E. Fischer, Esq. dated 12/01/21 re: Mellits v. Mclaren Engineering Group. Document filed by Piero V. Mellits..(Fischer, Morris) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Mary Hurley Kellett counsel for McLaren Engineering Group dated 12/1/2021 re: Adjournment Request of Rule 26 Conference. Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Molly Hurley Kellett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25404292. Motion and supporting papers to be reviewed by Clerk's Office staff., MOTION to Add Applicant(s) molly hurley kellett . Document filed by Mclaren Engineering Group..(Olsen, Jacqueline) Modified on 12/2/2021 (aea). |
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Filing 11
ORDER: ORDERED that Plaintiff shall file proof of service of the Court's November 2, 2021, Order by December 1, 2021 at 12:00 p.m. It is further ORDERED that if Plaintiff has been in communication with Defendant, then the parties shall file the joint status letter and proposed case management plan by December 1, 2021, and shall explain why they have not complied with Court deadlines. If Plaintiff has not been in communication with Defendant, then Plaintiff shall move to adjourn the initial pretrial conference by December 1, 2021. (Signed by Judge Lorna G. Schofield on 11/29/2021) (ama)
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| ***DELETED DOCUMENT. Deleted document number 9 . The document was incorrectly filed in this case. (jcs) |
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Filing 10
ORDER FOR INITIAL PRETRIAL CONFERENCE: WHEREAS, Defendant has not yet made an appearance in this action. It is hereby ORDERED that the initial pretrial conference scheduled for November 4, 2021, is adjourned to December 2, 2021 at 11:00 a.m. It is further ORDERED that the parties shall file a joint status letter and proposed case management plan by November 25, 2021. It is further ORDERED that Plaintiff shall serve a copy of this order on Defendant by November 9, 2021. Initial Conference set for 12/2/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/2/2021) (mml)
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| Filing 8 PROPOSED CASE MANAGEMENT PLAN. Document filed by Piero V. Mellits..(Fischer, Morris) |
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Filing 7
ORDER: WHEREAS, an initial conference is scheduled for November 4, 2021 at 11:00 a.m. WHEREAS, the Order, dated September 15, 2021 (Dkt. No. 5), required the parties to file a joint letter and proposed case management plan at least one week before the conference. WHEREAS, the parties failed to file the joint letter and proposed case management plan. It is hereby ORDERED that the parties shall file the joint letter and proposed case management plan by November 1, 2021. If the parties believe the conference should be adjourned or cancelled, they shall file a joint letter requesting adjournment or cancellation by November 1, 2021. (Signed by Judge Lorna G. Schofield on 10/29/2021) (vfr)
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| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Mclaren Engineering Group waiver sent on 10/6/2021, answer due 12/6/2021. Document filed by Piero V. Mellits..(Fischer, Morris) |
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Filing 5
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at November 4, 2021 at 11:00 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. DATE AND PLACE OF CONFERENCE: November 4, 2021 at 11:00 a.m., to be held telephonically in accordance with the instructions on the first page of this order. And as set forth herein. Initial Conference set for 11/4/2021 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/15/2021) (ama)
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| Filing 4 ELECTRONIC SUMMONS ISSUED as to Mclaren Engineering Group. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Mclaren Engineering Group, re: #1 Complaint. Document filed by Piero V. Mellits..(Fischer, Morris) |
| Filing 2 CIVIL COVER SHEET filed..(Fischer, Morris) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Morris E. Fischer. The party information for the following party/parties has been modified: MCLAREN ENGINEERING GROUP, PIERO MELLITS. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah Netburn 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Morris E. Fischer. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:794 Rehabilitation Act; Jury Demand code b (Both); Dollar Demand 1,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:621 Job Discrimination (Age); the Jury Demand code has been modified to p (Plaintiff); the Dollar Demand has been modified to 1,000,000; the County code has been modified to XX Out of State. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Morris E. Fischer to Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Summons request is filed as its own separate event not as an attachment. 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Morris E. Fischer to Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; the civil cover sheet is filed as its own separate event not as an attachment. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| Filing 1 COMPLAINT against Mclaren Engineering Group . (Filing Fee $ 402.00, Receipt Number ANYSDC-25004154)Document filed by Piero V. Mellits. (Attachments: #1 Civil Cover Sheet, #2 Summons).(Fischer, Morris) |
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| Petitioner: Piero V. Mellits | |
| Represented By: | Morris Eli Fischer |
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| Respondent: Mclaren Engineering Group | |
| Represented By: | Jessica Blake Pupkin |
| Represented By: | Stephen J Marshall |
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