Sullivan v. Dumont Group, LLC et al
| Sullivan and Justin Sullivan |
| Dumont Group, LLC, Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo and Daniel Piraino |
| Judge Jennifer C. Boal |
| 1:2016cv10713 |
| April 13, 2016 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Plymouth |
| Douglas P Woodlock |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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| Document Text |
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| Filing 181 Judge Douglas P. Woodlock: ELECTRONIC ORDER granting #177 Motion to Supplement Plaintiff's Petition for Attorney's Fees. (Beatty, Barbara) |
| Filing 180 NOTICE of Withdrawal of Appearance by James T. Hunt, Jr (Hunt, James) |
| Filing 178 NOTICE of Withdrawal of Appearance by Andrea L. Haas (Haas, Andrea) |
| Filing 177 MOTION for Leave to File Supplement to Motion for Attorneys' Fees by Justin Sullivan. (Attachments: #1 Exhibit Affidavit of Joseph Sulman)(Sulman, Joseph) (Attachment 1 replaced on 9/10/2019) (McDonagh, Christina). |
| Filing 176 Opposition re #169 MOTION for Attorney Fees and costs filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Hunt, James) |
| Filing 175 Opposition re #171 MOTION for Directed Verdict and JNOV And Response to Proposed Judgment filed by Justin Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Haas, Andrea) |
| Filing 174 Judge Douglas P. Woodlock: ORDER granting #173 Assented to Motion to Extend Time for Filing of Oppositions to Plaintiff's Petition for Attorneys Fees and to Defendants' Motion for Directed Verdict and Judgment Notwithstanding the Verdict until 9/6/2019.(Beatty, Barbara) |
| Filing 173 Assented to MOTION for Extension of Time to September 6, 2019 to File Response/Reply as to #171 MOTION for Directed Verdict and JNOV, #169 MOTION for Attorney Fees by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 172 Letter/request (non-motion) from Joseph A. Martin submitting Defendants' proposed form of judgment. (Attachments: #1 Exhibit Proposed judgment)(Martin, Joseph) |
| Filing 171 MOTION for Directed Verdict and JNOV by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Attachments: #1 Exhibit Trial Transcript 1, #2 Exhibit Trial Transcript 2, #3 Exhibit Joint Stipulation on Damages, #4 Exhibit Jury Verdict Sheet)(Martin, Joseph) |
| Filing 170 Proposed Document(s) submitted by Justin Sullivan. Document received: Proposed Judgment. (Sulman, Joseph) |
| Filing 169 MOTION for Attorney Fees by Justin Sullivan. (Attachments: #1 Exhibit Affidavit of Joseph Sulman, #2 Exhibit Affidavit of Andrea Haas, #3 Exhibit, #4 Exhibit)(Sulman, Joseph) Modified on 8/22/2019 to replace Ex 1 and Ex 2 PDFs as they wouldn't open (McDonagh, Christina). |
| Filing 168 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) |
| Filing 167 Transcript of Jury Trial Day Four held on July 18, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (Scalfani, Deborah) |
| Filing 166 Transcript of Conference held on July 17, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (Scalfani, Deborah) |
| Filing 165 Transcript of Jury Trial Day Three held on July 17, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (Scalfani, Deborah) |
| Filing 164 Transcript of Jury Trial Day Two held on July 16, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (Scalfani, Deborah) |
| Filing 163 EXCERPT Transcript of Jury Trial Day One held on July 15, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 8/26/2019. Redacted Transcript Deadline set for 9/5/2019. Release of Transcript Restriction set for 11/4/2019. (Scalfani, Deborah) |
| Filing 162 Judge Douglas P. Woodlock: PROCEDURAL ORDER - To the degree that the parties will be relying on the trial transcript in their respective post-trial submissions, counsel shall jointly make the appropriate arrangements with the court reporter to order the relevant transcript. (Beatty, Barbara) |
| Filing 161 Final Witness and Exhibit List. (Attachments: #1 Jury Exhibit 1, #2 Jury Exhibit 2 (Beatty, Barbara) |
| Filing 160 JURY VERDICT. (Beatty, Barbara) |
| Filing 159 JURY TRIAL DAY FOUR - Verdict slip finalized. Jury present. Closing arguments by Attorney Martin and Attorney Sulman. Jury instructions provided by the Court. Objections to instructions discussed at side bar. Foreperson appointed and jury sent to deliberate at 10:35 a.m. Jury Question #1 submitted at 11:50 a.m. Court consults with the parties and provides a written response at 12:20 p.m. Verdict returned at 2:05 p.m. Jury excused. Parties to submit the following no later 8/9/2019: 1) Pro-forma Judgment (preferably jointly); 2) Post-trial motions (directed verdict, new trial); and 3) Motion for Attorneys Fees. Oppositions to be filed no later than 8/23/2019. Oral argument to be scheduled in early September.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sulman, Haas, Martin, Hunt, Fitzgerald) (Beatty, Barbara) |
| Filing 158 JURY TRIAL DAY THREE - Court reviews proposed jury verdict slip with counsel without jury present. Jury present. Continued testimony of Kevin Sullivan. Testimony of Kevin Wargo. Plaintiff rests. Defendant rests. Motions for Directed Verdict to be formally filed by both sides and are reserved by the Court. Charging conference held at 3:15 p.m. Revised verdict slip distributed to counsel and argument heard. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sulman, Haas, Martin, Hunt, Fitzgerald) (Beatty, Barbara) |
| Filing 157 JURY TRIAL DAY TWO: Copies of preliminary verdict slip distributed to counsel for review. Preliminary issues discussed with counsel regarding jury note taking and exhibit #10. Jury present. Direct testimony of Justin Sullivan. Testimony of Keith Wargo (taken out of order). Continued testimony of Kevin Sullivan.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sulman, Haas, Martin, Hunt, Fitzgerald) (Beatty, Barbara) |
| Filing 155 Judge Douglas P. Woodlock: MEMORANDUM entered concerning denial of motion (#119) for reconsideration regarding Cook Agreement. (Woodlock, Douglas) (Main Document 155 replaced on 7/16/2019) (Colman, Claire). |
| Filing 156 JURY TRIAL DAY ONE: Court addresses preliminary issues with counsel. Court DENIES #149 Plaintiffs Motion for Directed Verdict, as premature, but will provide a basis for future discussion. Jurors present and voir dire conducted. Jurors excused for cause and peremptory challenges exercised. Jury of 12 impaneled and sworn. Opening statement by Attorney Sulman and Attorney Martin. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sulman, Haas, Martin, Hunt, Fitzgerald) (Beatty, Barbara) |
| Filing 154 Proposed Jury Questions by Justin Sullivan Joint Statement on Supplemental Jury Question. (Sulman, Joseph) |
| Filing 153 RESPONSE to Motion re #149 MOTION for Directed Verdict Partial filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Martin, Joseph) |
| Filing 152 Joint Exhibit List of Exhibits Offered with Objection by Justin Sullivan.. (Haas, Andrea) |
| Filing 151 Joint Exhibit List of Agreed Exhibits by Justin Sullivan.. (Haas, Andrea) |
| Filing 150 Judge Douglas P. Woodlock: PROCEDURAL ORDER - The Defendants shall file a Response to the Plaintiff's Motion for Partial Directed Verdict #149 no later than 9:00 a.m. on July 15, 2019.(Beatty, Barbara) |
| Filing 149 MOTION for Directed Verdict Partial by Justin Sullivan.(Haas, Andrea) |
| Filing 148 Clerk's Notes for Final Pretrial Conference held before Judge Douglas P. Woodlock: Court addresses pending motions with counsel and rules accordingly for reasons stated on the record and, on some motions, further instruction provided: DENIED #119 Motion for Reconsideration; DENIED #128 Motion in Limine for Panel Voir Dire; GRANTS #129 Motion in Limine to Exclude Testimony about Sullivan's Book of Business; GRANTS #130 Motion in Limine to Exclude Alternative Contract Interpretations; GRANTS #131 Motion in Limine Re Dismissed Claims; GRANTS #132 Motion in Limine re Other Litigation by Plaintiff; GRANTS #133 Motion in Limine Post Employment Communication; GRANTS #134 Motion in Limine re Out of Court Statements as Non-Hearsay; DENIED #135 Motion in Limine Preventing Describing Performance Concerns; GRANTS #136 Motion in Limine Preclude Defendants from Denying Joint Employment; GRANTS #137 Motion in Limine Exclude Evidence of Offsets or Dismissed Counterclaim Damages; and, GRANTS #147 Motion to Dismiss Defendants' Counterclaims for Lack of Prosecution. Trial set to begin on Monday 7/15/2019. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sulman, Haas, Hunt, Fitzgerald) (Beatty, Barbara) |
| Filing 147 MOTION to Dismiss for Lack of Prosecution Dismiss Defendants' counterclaims, MOTION to Amend #137 MOTION in Limine Exclude Evidence of Offsets or Dismissed Counterclaim Damages To consider motion as Rule 41 motion ( Responses due by 7/22/2019) by Justin Sullivan.(Sulman, Joseph) |
| Filing 146 Supplemental Response by Justin Sullivan to 120 Hearing (Other),, List of Issues to be Tried. (Haas, Andrea) |
| Filing 145 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) |
| Filing 144 Transcript of Motion Hearing held on May 22, 2017, before Magistrate Judge Donald L. Cabell. The Transcript may be purchased through Janice Russell at trussell31@tdsmail.com, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Janice Russell. Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (Scalfani, Deborah) |
| Filing 143 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) |
| Filing 142 Transcript of Pretrial Conference held on June 11, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (Scalfani, Deborah) |
| Filing 141 Proposed Jury Instructions by All Defendants. (Martin, Joseph) |
| Filing 140 Proposed Jury Questions by All Defendants . (Martin, Joseph) |
| Filing 139 Proposed Voir Dire by All Defendants. (Martin, Joseph) |
| Filing 138 PRETRIAL MEMORANDUM by Justin Sullivan. (Haas, Andrea) |
| Filing 137 MOTION in Limine Exclude Evidence of Offsets or Dismissed Counterclaim Damages by Justin Sullivan. (Attachments: #1 Exhibit A)(Haas, Andrea) |
| Filing 136 MOTION in Limine Preclude Defendants From Denying Joint Employment by Justin Sullivan. (Attachments: #1 Exhibit A)(Haas, Andrea) |
| Filing 135 MOTION in Limine Preventing Describing Performance Concerns as Theft by Justin Sullivan.(Haas, Andrea) |
| Filing 134 MOTION in Limine Re: Out of Court Statements As Non-Hearsay by Justin Sullivan.(Haas, Andrea) |
| Filing 133 MOTION in Limine Post Employment Communication by Justin Sullivan.(Haas, Andrea) |
| Filing 132 MOTION in Limine Re: Other Litigation by Plaintiff by Justin Sullivan.(Haas, Andrea) |
| Filing 131 MOTION in Limine Re Dismissed Claims by Justin Sullivan.(Haas, Andrea) |
| Filing 130 MOTION in Limine To Exclude Alternative Contract Interpretations by Justin Sullivan.(Haas, Andrea) |
| Filing 129 MOTION in Limine Exclude Testimony about Sullivan's Book of Business by Justin Sullivan. (Attachments: #1 Exhibit A)(Haas, Andrea) |
| Filing 128 MOTION in Limine for Panel Voir Dire by Justin Sullivan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Haas, Andrea) (Attachments 2, 3, and 4 replaced on 7/2/2019 to correct PDF formatting) (Kinsella, Devan). (Attachment 1 replaced on 9/10/2021) (Danieli2, Chris). |
| Filing 127 Proposed Voir Dire by Justin Sullivan. (Haas, Andrea) |
| Filing 126 Proposed Jury Questions by Justin Sullivan . (Haas, Andrea) |
| Filing 125 Proposed Jury Instructions by Justin Sullivan. (Haas, Andrea) |
| Filing 124 STIPULATION Regarding Damages - Joint by Justin Sullivan. (Haas, Andrea) |
| Filing 123 REPLY to Response to #119 MOTION for Reconsideration re #111 Memorandum & ORDER,,,, Set Hearings,,, filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Martin, Joseph) |
| Filing 122 Response by Justin Sullivan to 120 Hearing (Other),, Statement of List of Issues To Be Tried. (Sulman, Joseph) |
| Filing 121 Opposition re #119 MOTION for Reconsideration re #111 Memorandum & ORDER,,,, Set Hearings,,, filed by Justin Sullivan. (Attachments: #1 Exhibit Exhibit A)(Sulman, Joseph) |
| Filing 120 Clerk's Notes for Pretrial Hearing held before Judge Douglas P. Woodlock: Hearing to address damages issue and outstanding trial matters. Parties to file no later than 6/27/2019 an agreed upon dollar component for damages. Opposition to Motion for Reconsideration #119 to be filed no later than 6/20/2019. Plaintiff's list of liability issues that remain to be tried to be filed no later than 6/20/2019. Court reviews time frame for each of the witnesses to be presented at trial. Trial estimated to last 6 days. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.) (Beatty, Barbara) Modified on 6/18/2019 to correct date for opposition to be filed (Beatty, Barbara). |
| Filing 119 MOTION for Reconsideration re #111 Memorandum & ORDER,,,, Set Hearings,,, by Dumont Aircraft Charter, LLC, Kevin Wargo. (Attachments: #1 Exhibit 8 - Wargo Deposition, #2 Exhibit 9 - Sullivan Deposition, #3 Exhibit A - conference hearing transcript)(Martin, Joseph) |
| Filing 118 RESPONSE TO COURT ORDER by Justin Sullivan . (Sulman, Joseph) |
| Filing 117 Judge Douglas P. Woodlock: ORDER SETTING CIVIL JURY TRIAL. Pre-Trial Conference set for July 8, 2019 at 3:30 p.m. Jury Trial set for July 15, 2019 at 9:00 a.m. Pre-Trial Memorandum due by July 1, 2019. (Kinsella, Devan) |
| Filing 116 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) |
| Filing 115 Transcript of Status Conference held on April 16, 2019, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kathleen Silva at kathysilva@verizon.net Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/6/2019. Release of Transcript Restriction set for 8/5/2019. (Scalfani, Deborah) |
| Filing 114 Clerk's Notes for Status Conference held before Judge Douglas P. Woodlock: Court reviews Joint Status Report #113 with counsel. Trial scheduled for 7/15/2019. Plaintiff to disclose expert reports no later than 5/13/2019 and defendants to respond with their expert report no later than 6/3/2019. Parties to file their respective positions on the issue of damages, and a list of prospective witnesses at trial including the scope of the his or her testimony being offered. Further conference scheduled for 6/11/2019 at 2:00 p.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.) (Beatty, Barbara) |
| Filing 113 STATUS REPORT by Justin Sullivan. (Sulman, Joseph) |
| Filing 112 NOTICE OF RESCHEDULING CONFERENCE - Status Conference is RESCHEDULED (as to Time Only) until 4:15 p.m. on 4/16/2019 in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara) |
Filing 111
Judge Douglas P. Woodlock: MEMORANDUM AND ORDER...I GRANT IN PART and DENY IN PART the Defendants motion #89 for summary judgment. I also GRANT IN PART and DENY IN PART the Plaintiffs motion #91 for summary judgment; I DENY the Plaintiffs motion #99 to strike. Finally, I VACATE the Order entered by Magistrate Judge Cabell on September 12, 2017 70 imposing sanctions after he allowed Mr. Sullivans motion #64 for such relief. The parties shall on or before April 12, 2019 submit a joint status report setting forth their views regarding remaining steps which should be taken to bring this case to final judgment in this court. This case shall be set for a status conference at 2:15 p.m. on April 16, 2019, to consider the parties status reports. (Beatty, Barbara)
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| Filing 110 RESPONSE TO COURT ORDER by Justin Sullivan Reply to Defendants' Response to Court Order. (Haas, Andrea) |
| Filing 109 RESPONSE TO COURT ORDER by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo Defendants' Reply to Plaintiff's Response to Court Order. (Fitzgerald, Christine) |
| Filing 108 RESPONSE TO COURT ORDER by Justin Sullivan AND SUPPLEMENT TO HIS OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY J.. (Haas, Andrea) |
| Filing 107 RESPONSE TO COURT ORDER by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino Defendants' Supplemental Summary Judgment Record Citations. (Fitzgerald, Christine) |
| Filing 106 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Scalfani, Deborah) |
| Filing 105 Transcript of Motion Hearing held on May 23, 2018, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Brenda Hancock at brhancock@msn.com Redaction Request due 6/29/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/6/2018. (Scalfani, Deborah) |
| Filing 104 Clerk's Notes for Motion Hearing held before Judge Douglas P. Woodlock: Argument heard on pending motions. Further submissions to be filed by 6/8/2018 and responses to be filed by 6/15/2018. Motions #89 #91 #99 taken under advisement. (Court Reporter: Brenda Hancock at brhancock@msn.com.)(Attorneys present: Haas, Sulman, Fitzgerald, Hunt) (Beatty, Barbara) |
| Filing 103 NOTICE OF MOTION HEARING: Hearing on Defendants' Motion for Summary Judgment #89 , Motion for Partial Summary Judgment #91 and Motion to Strike #99 is scheduled for 5/23/2018 at 2:30 p.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara) |
| Filing 102 REPLY to Response to #89 MOTION for Partial Summary Judgment filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Attachments: #1 Exhibit Sullivan email, #2 Exhibit Wargo Dep. excerpts)(Fitzgerald, Christine) |
| Filing 101 REPLY to Response to #91 MOTION for Partial Summary Judgment filed by Justin Sullivan. (Sulman, Joseph) |
| Filing 100 MEMORANDUM in Opposition re #99 MOTION to Strike #89 MOTION for Partial Summary Judgment , #90 Memorandum in Support of Motion filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Attachments: #1 Exhibit Ex. A - Proposed Repaginated Memorandum of Law)(Fitzgerald, Christine) |
| Filing 99 MOTION to Strike #89 MOTION for Partial Summary Judgment , #90 Memorandum in Support of Motion by Justin Sullivan.(Sulman, Joseph) |
| Filing 98 Opposition re #91 MOTION for Partial Summary Judgment filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 97 Counter Statement of Material Facts L.R. 56.1 re #91 MOTION for Partial Summary Judgment filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Kevin Wargo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Fitzgerald, Christine) |
| Filing 96 APPENDIX/EXHIBIT re #95 Opposition to Motion PLAINTIFF'S LR 56.1 STATEMENT OF MATERIAL FACTS by Justin Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Haas, Andrea) |
| Filing 95 Opposition re #89 MOTION for Partial Summary Judgment filed by Justin Sullivan. (Haas, Andrea) |
| Filing 94 Statement of Material Facts L.R. 56.1 re #91 MOTION for Partial Summary Judgment filed by Justin Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Sulman, Joseph) |
| Filing 93 MEMORANDUM in Support re #91 MOTION for Partial Summary Judgment filed by Justin Sullivan. (Attachments: #1 Exhibit Exhibit 1)(Sulman, Joseph) |
| Filing 92 Statement of Material Facts L.R. 56.1 re #89 MOTION for Partial Summary Judgment filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Fitzgerald, Christine) |
| Filing 91 MOTION for Partial Summary Judgment by Justin Sullivan.(Sulman, Joseph) |
| Filing 90 MEMORANDUM in Support re #89 MOTION for Partial Summary Judgment filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 89 MOTION for Partial Summary Judgment by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 88 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports that this case did not settle. This case should be restored to your trial list. (York, Steve) |
| Filing 87 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 1/12/2018. The Court held a settlement conference with the parties to review preliminary matters regarding the mediation. (Court Reporter: SEALED Digital Recording) To order a copy of this Digital Recording, The parties should first seek leave of the Court. If approved, please then go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. eys present: Sulman & Haas for plaintiffs; Martin for defendants;) (York, Steve) |
| Filing 86 STIPULATION by Dismissal of Daniel Piraino by Justin Sullivan. (Haas, Andrea) |
| Filing 85 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 12/19/2017.The Court held a settlement conference with the parties to review preliminary matters regarding the mediation. A further Telephone Conference is set for January 12, 2018 at 3:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Court Reporter: SEALED Digital Recording) To order a copy of this Digital Recording, The parties should first seek leave of the Court. If approved, please then go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Sulman & Haas for plaintiffs; Martin for defendants;) (York, Steve) |
| Filing 84 Judge Douglas P. Woodlock: ORDER granting #83 Joint Motion to Extend Summary Judgment Deadline. Motion(s) for Summary Judgment shall be filed no later than 2/16/2018 and Opposition(s) shall be filed no later than 3/9/2018. (Beatty, Barbara) |
| Filing 83 Joint MOTION for Extension of Time to 2/16/18 to File Dispositive Motions by Justin Sullivan.(Haas, Andrea) |
| Filing 82 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 10/24/2017. The Court held a settlement conference with the parties to review preliminary matters regarding the mediation. A further Telephone Conference is set for 12/19/2017 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (Court Reporter: SEALED Digital Recording) To order a copy of this Digital Recording, The parties should first seek leave of the Court. If approved, please then go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recording For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Sulman & Haas for plaintiffs; Martin for defendants;) (York, Steve) |
| Filing 81 ELECTRONIC NOTICE OF RESCHEDULING. The Telephone Conference has been rescheduled set for 10/24/2017 at 10:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Please Note: TIME CHANGE ONLY (York, Steve) |
| Filing 80 ELECTRONIC NOTICE of Hearing. A Telephone Conference is set for October 24, 2017 at 12:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve) |
| Filing 79 REPORT of Alternative Dispute Resolution Provider: Magistrate Judge Jennifer C. Boal reports this case did not settle but some progress was made. A further telephone conference to be scheduled. (York, Steve) |
| Filing 77 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Telephone Conference held on 10/10/2017. The Court reviewed preliminary matters with the parties prior to the upcoming mediation. (Court Reporter: Digital Recording.) (Court Reporter: SEALED Digital Recording) To order a copy of this Digital Recording, The parties should first seek leave of the Court. If approved, please then go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@courts.gov. (Attorneys present: Sulman & Haas for plaintiffs; Martin for defendants;) (York, Steve) |
| Filing 76 STIPULATION Proposed Stipulation and Order On Depositions by Justin Sullivan. (Haas, Andrea) |
| Filing 75 ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for October 13, 2017 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY HAND, E-MAIL to (steve_york@mad.uscourts.gov), OR MAIL WITH THE COURT by close of business on October 6, 2017 . The memoranda should be marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for October 10, 2017 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal. The clerk will provide the call in information to all parties by email, one day prior to the upcoming telephone conference. (York, Steve) |
| Filing 74 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Garvin, Brendan) |
| Filing 73 Judge Douglas P. Woodlock: ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION, having being notified by Attorney Andrea Haas that all parties consent to ADR. (Beatty, Barbara) |
| Filing 72 Objection by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo Defendants' Objection to Magistrate Judge's Order for Sanctions. (Attachments: #1 Affidavit Declaration of James T. Hunt)(Fitzgerald, Christine) |
| Filing 71 Case no longer referred to Magistrate Judge Donald L. Cabell. (Russo, Noreen) |
| Filing 70 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #64 Motion for Sanctions. After careful consideration of the record, including the defendant's varied and conflicting responses explaining its delayed production of documents which were ordered in May to be produced, the court is persuaded that the plaintiff's motion for sanctions was necessary in order to effect the production of the compelled discovery at issue. Accordingly, sanctions are appropriate. Fed. R. Civ. P. 37(b)(2)(C). The defendant is hereby ordered to pay the plaintiff's reasonable fees incurred in filing the motion for sanctions. (Russo, Noreen) |
| Filing 69 Declaration of James T. Hunt, Jr. in Opposition re #64 MOTION for Sanctions Under Rule 37 filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15)(Fitzgerald, Christine) Modified to correct title of document on 7/28/2017 (Beatty, Barbara). |
| Filing 68 Opposition re #64 MOTION for Sanctions Under Rule 37 filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 67 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #66 Assented to MOTION for Extension of Time to Jul 26, 2017 to File Response/Reply as to #64 MOTION for Sanctions Under Rule 37 filed by Daniel Piraino, Dumont Aviation, LLC, Dumont Aircraft Charter, LLC (Russo, Noreen) |
| Filing 66 Assented to MOTION for Extension of Time to Jul 26, 2017 to File Response/Reply as to #64 MOTION for Sanctions Under Rule 37 by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino.(Fitzgerald, Christine) |
| Filing 65 Judge Douglas P. Woodlock: ORDER REFERRING CASE to Magistrate Judge Donald L. Cabell. Referred for: Discovery (d). Motions referred: #64 MOTION for Sanctions Under Rule 37. (Beatty, Barbara) |
| Filing 64 MOTION for Sanctions Under Rule 37 by Justin Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Haas, Andrea) |
| Filing 63 Case no longer referred to Magistrate Judge Donald L. Cabell. (Russo, Noreen) |
| Filing 62 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered. After careful consideration of the parties' most recent submissions, the Court remains persuaded that there is a basis to seek the requested discovery under the broad standard of Rule 26. Accordingly, the Court's ruling on the plaintiff's supplemental motion to compel (Docket #57) remains unchanged. (Russo, Noreen) |
| Filing 61 REPLY to Response to #56 Supplemental MOTION for Discovery Regarding Residual Commissions filed by Justin Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Haas, Andrea) |
| Filing 60 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re #59 MOTION for Reconsideration filed by Daniel Piraino, Dumont Aviation, LLC, Dumont Aircraft Charter, LLC, Kevin Wargo. Upon reflection, the Court will treat the plaintiff's supplemental motion for discovery #56 as a motion for reconsideration of the Court's order 54 on their original motion to compel #40 . Although the defendants' response was framed as a "motion for reconsideration" #59 , the Court will treat that responsive pleading as an opposition to what is now being treated as the plaintiff's motion for reconsideration #56 . Should the plaintiff wish to reply to what the Court is now treating as the defendants' opposition, any such reply must be filed by the close of business on Wednesday, June 14, 2017. The parties should expect a ruling shortly thereafter. (Russo, Noreen) |
| Filing 59 MOTION for Reconsideration re 57 Order on Motion for Discovery,,,, by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 58 Judge Douglas P. Woodlock: ORDER granting #55 Joint Motion to Extend Discovery. All fact discovery to be completed by 11/29/2017; Expert discovery to be completed by 12/15/2017; dispositive motions are to be filed no later than 1/5/2018. (Beatty, Barbara) |
| Filing 57 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #56 Motion for Discovery. Based on the plaintiff's supplemental submission, the motion to compel regarding Request #34, seeking the flight log and monthly owner statement for the plane registered as N954SG, now known as N954DP (the Cook aircraft), for the period between October 1, 2015, and the date of service of that request (i.e. December 21, 2016), is ALLOWED. Specifically, in light of the fact that (1) the negotiation of the sale of this aircraft began prior to the plaintiffs employment, (2) the anticipated life of this aircraft upon which any "residual" commissions would be based is a finite period of six years, and (3) the aircraft owner agreed to an increased commission of 15% rather than Dumonts typical 10% in order to give Dumont their 10% and an additional 5% to the plaintiff, there is at least a basis to argue that the plaintiff's compensation with respect to this aircraft would be handled differently than his compensation with respect to any other aircraft. For purposes of Rule 26, that is sufficient to justify the requested discovery. (DLC, law2) |
| Filing 56 Supplemental MOTION for Discovery Regarding Residual Commissions by Justin Sullivan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Haas, Andrea) |
| Filing 55 Joint MOTION for Extension of Time to 09/29/2017 to Complete Discovery by Justin Sullivan.(Haas, Andrea) |
| Filing 54 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re #40 Motion to Compel. For the reasons discussed in court, the plaintiff's motion to compel discovery is ALLOWED in part and DENIED in part. Specifically, with regard to the plaintiff's request that the defendants organize and label their production, the motion to compel is DENIED without prejudice. The plaintiff is instructed initially to try using search terms to identify critical documents. If this process is not successful, the plaintiff may seek further relief from the Court within one week of the hearing. The plaintiff shall in any event consult with the deputy clerk before filing anything with the Court relating to this request. The plaintiff's motion to compel regarding Request #13, seeking discovery related to the charter sales for Lyon flights booked by the Dumont sales department during the plaintiffs employment, is ALLOWED. The plaintiff's motion to compel regarding Request #30, seeking information regarding the defendants' organizational structure, is DENIED. The plaintiff's motion to compel regarding Request #37, seeking the monthly owner statements reflecting charter proceeds during the plaintiff's employment, is ALLOWED subject to the understanding that the defendants will provide the actual owner statements but may redact sensitive information related to non-parties. The plaintiff's motion to compel regarding Request #34, seeking the owner statements and flight logs for the Cook aircraft is ALLOWED in part and DENIED in part. The defendants shall produce, as they have committed to produce, records covering the period of the plaintiff's employment. The request that the defendants produce records for the period following the end of the plaintiff's employment to the present is DENIED. As noted, the Court indicated it would be willing to reconsider this issue if the plaintiff were able within one week of the hearing to produce relevant case law supporting his legal argument that his entitlement to "residual" commissions meant he would be entitled to commissions in perpetuity even after he left the company. (Russo, Noreen) |
| Filing 53 Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Motion Hearing held on 5/22/2017 re #40 MOTION to Compel Discovery filed by Justin Sullivan. The court notes that the parties should file a separate motion concerning extending discovery for Judge Woodlock's consideration. The court makes various rulings and will issue an order. (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #https://www.mad.uscourts.gov/caseinfo/transcripts.htm#audio-recordings . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourresent: Sulman, Hunt, Jr. (by phone)) (Russo, Noreen) |
| Filing 52 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #51 Assented to Motion Appear Telephonically at Hearing on Motion to Compel Discovery. Att. Hunt should call into 888-278-0296; Access Code: 6533617 at least 5 minutes before the hearing. (Russo, Noreen) |
| Filing 51 Assented to MOTION Appear Telephonically at Hearing on Motion to Compel Discovery by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 50 ELECTRONIC NOTICE Setting Hearing on Motion #40 MOTION to Compel Discovery MOTION for Extension of Time to 07/13/2017 to Complete Discovery : Motion Hearing set for 5/22/2017 at 03:00 PM in Courtroom 23 before Magistrate Judge Donald L. Cabell. (Russo, Noreen) |
| Filing 49 AFFIDAVIT of Amber Martin in Opposition re #40 MOTION to Compel Discovery MOTION for Extension of Time to 07/13/2017 to Complete Discovery filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 48 AFFIDAVIT of James T. Hunt, Esq. in Opposition re #40 MOTION to Compel Discovery MOTION for Extension of Time to 07/13/2017 to Complete Discovery filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Attachments: #1 Exhibit Ex. A - 2/3/17 Email to Pltf's counsel, #2 Exhibit Ex. B - Link to electronic doc prod)(Fitzgerald, Christine) |
| Filing 47 MEMORANDUM in Opposition re #40 MOTION to Compel Discovery MOTION for Extension of Time to 07/13/2017 to Complete Discovery filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 46 STATUS REPORT Joint by Justin Sullivan. (Haas, Andrea) |
| Filing 45 CASE REFERRED to Magistrate Judge Donald L. Cabell. Plaintiff's Motion #40 Under Rule 37.1 to Compel Defendants to Comply with Discovery, Request for Extension of Discovery and for Attorneys' Fees referred to Donald L. Cabell. (Beatty, Barbara) |
| Filing 44 Judge Douglas P. Woodlock: STIPULATED CONFIDENTIALITY ORDER per ECF #41.(Beatty, Barbara) |
| Filing 43 Judge Douglas P. Woodlock: ORDER granting #42 Defendants' Unopposed Motion to Extend Time to Respond to Plaintiff's Motion to Compel Compliance with Discovery until 5/2/2017. (Beatty, Barbara) |
| Filing 42 Assented to MOTION for Extension of Time to May 2, 2017 to File Response/Reply to Motion to Compel Compliance with Discovery by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 41 STIPULATION Joint Stipulated Confidentiality Order by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 40 MOTION to Compel Discovery, MOTION for Extension of Time to 07/13/2017 to Complete Discovery ( Responses due by 4/25/2017) by Justin Sullivan. (Attachments: #1 Affidavit Haas Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(Haas, Andrea) |
| Filing 39 NOTICE of Change of Address or Firm Name by Andrea L. Haas (Haas, Andrea) |
| Filing 38 CERTIFICATION pursuant to Local Rule 16.1 . (Haas, Andrea) |
| Filing 37 Judge Douglas P. Woodlock: ORDER re #34 Motion for Leave to File Second Amended Complaint. DENIED as premature. The mandatory counterclaims filed by defendant is potentially actionable only if it is totally baseless. The determination of baselessness must be made on the merits. Until such a determination is made no retaliation claim for pursuing the mandatory counterclaim may be initiated. (Beatty, Barbara) |
| Filing 36 NOTICE of Appearance by Andrea L. Haas on behalf of Justin Sullivan (Haas, Andrea) |
| Filing 35 Opposition re #34 MOTION for Leave to File Second Amended Complaint filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 34 MOTION for Leave to File Second Amended Complaint by Justin Sullivan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B - Second Amended Complaint)(Sulman, Joseph) |
| Filing 33 ANSWER to Counterclaim by Justin Sullivan.(Sulman, Joseph) |
| Filing 32 Judge Douglas P. Woodlock: ORDER granting #31 Assented to Motion for Extension of Time to Respond to the Counterclaims until 11/24/2016. (Beatty, Barbara) |
| Filing 31 Assented to MOTION for Extension of Time to November 24, 2016 to File Answer re #30 Answer to Amended Complaint, Counterclaim by Justin Sullivan.(Sulman, Joseph) |
| Filing 30 ANSWER to #27 Amended Complaint , COUNTERCLAIM against Justin Sullivan by Kevin Wargo, Dumont Aviation, LLC, Dumont Aircraft Charter, LLC, Daniel Piraino.(Fitzgerald, Christine) |
| Filing 29 Judge Douglas P. Woodlock: ORDER granting #28 Assented to Motion to Extend Amended Complaint Response Time until 10/21/2016. (Beatty, Barbara) |
| Filing 28 Assented to MOTION for Extension of Time to October 21, 2016 to File Answer to Amended Complaint by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Daniel Piraino, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 27 AMENDED COMPLAINT against Kevin Wargo, Dumont Aviation, LLC, Dumont Aircraft Charter, LLC, Daniel Piraino, filed by Justin Sullivan.(Sulman, Joseph) |
| Filing 26 Judge Douglas P. Woodlock: SCHEDULING ORDER: Fact discovery to be completed by 4/14/2017; Expert discovery by 7/28/2017; Dispositive motions due by 9/29/2017; Joint Status Report due by 5/1/2017.(Beatty, Barbara) |
| Filing 25 Clerk's Notes for Scheduling Conference held before Judge Douglas P. Woodlock: Plaintiff to amend complaint by 9/26/2016. Defendants Motion to Dismiss Complaint #16 DENIED, subject to repleading. Court will consider sanctions being imposed if discovered that individual defendants were not properly brought into the case. Court discusses and modifies the Joint Statement filed by the parties. Scheduling Order to be issued. (Court Reporter: Brenda Hancock at brhancock@msn.com.) (Beatty, Barbara) |
| Filing 24 CERTIFICATION pursuant to Local Rule 16.1 . (Fitzgerald, Christine) |
| Filing 23 JOINT STATEMENT re scheduling conference . (Sulman, Joseph) |
| Filing 22 REPLY to Response to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 21 Judge Douglas P. Woodlock: ORDER granting #20 Defendant's Unopposed Motion for Leave to File a Reply Brief in Support of Motion to Dismiss. (Beatty, Barbara) |
| Filing 20 Consent MOTION for Leave to File Reply Brief In Support of Motion to Dismiss by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo. (Attachments: #1 Exhibit Proposed Reply Brief)(Fitzgerald, Christine) |
| Filing 19 NOTICE of Scheduling Conference: Conference set for 9/6/2016 at 12:10 p.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara) |
| Filing 18 Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Justin Sullivan. (Attachments: #1 Exhibit Exhibit A)(Sulman, Joseph) |
| Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 15 Judge Douglas P. Woodlock: ORDER granting #12 Unopposed Motion to Admit James T. Hunt, Jr. and Josph Martin Pro Hac Vice on Behalf of Defendants. Added James T. Hunt, Jr and Joseph A. Martin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Beatty, Barbara) |
| Filing 14 DECLARATION re #12 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Hunt and Joseph A. Martin Filing fee: $ 200, receipt number 0101-6181744 Joseph Martin Pro Hac Vice Certification by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 13 DECLARATION re #12 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Hunt and Joseph A. Martin Filing fee: $ 200, receipt number 0101-6181744 James T. Hunt Pro Hac Vice Certification by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo. (Fitzgerald, Christine) |
| Filing 12 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James T. Hunt and Joseph A. Martin Filing fee: $ 200, receipt number 0101-6181744 by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Dumont Aircraft Charter, LLC identifying Corporate Parent Dumont Group, LLC for Dumont Aircraft Charter, LLC.. (Fitzgerald, Christine) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by Dumont Aviation, LLC. (Fitzgerald, Christine) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by Dumont Group, LLC. (Fitzgerald, Christine) |
| Filing 8 Judge Douglas P. Woodlock: ORDER granting #7 Assented to MOTION to Extend Time to Respond to Complaint until June 30, 2016. (Beatty, Barbara) |
| Filing 7 Assented to MOTION for Extension of Time to June 30, 2016 to File Response/Reply as to #1 Complaint by Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo.(Fitzgerald, Christine) |
| Filing 6 NOTICE of Appearance by Christine R. Fitzgerald on behalf of Dumont Aircraft Charter, LLC, Dumont Aviation, LLC, Dumont Group, LLC, Daniel Piraino, Keith Wargo, Kevin Wargo (Fitzgerald, Christine) |
| Filing 5 SUMMONS Returned Executed All Defendants. (Brody, David) |
| Filing 4 NOTICE of Appearance by David I. Brody on behalf of Justin Sullivan (Brody, David) |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Coppola, Katelyn) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (McDonagh, Christina) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6067765 (Fee Status: Filing Fee paid), filed by Justin Sullivan. (Attachments: #1 Civil Cover Sheet, #2 category form)(Sulman, Joseph) |
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