Barney v. Con Edison

Barney v. Con Edison

Plaintiff:	Dorothy Barney
Defendant:	Con Edison
Case Number:	1:1999cv00823
Filed:	March 16, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Steven M. Gold
Presiding Judge:	Kiyo A. Matsumoto
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 Job Discrimination (Age)

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Date Filed	Document Text
March 16, 2012	Filing 206 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 179 Motion for Contempt; adopting Report and Recommendations as to 192 Report and Recommendations. For the reasons set forth in the attached Memorandum and Order, the court grants defendant& #039;s motion to hold plaintiff's counsel, Mr. Mitchell, in civil contempt for failure to comply with Judge Trager's orders dated March 28, 2007, and November 13, 2009. In addition, the court affirms and adopts Magistrate Judge Gold's Report and Recommendation as the opinion of the court. The court orders defendant to serve a copy of this Memorandum and Order upon Mr. Mitchell by personal service, or certified mail or private delivery with return receipt requested. Mr. Mitchell s hall pay the defendant the Sanction amount of $963.00 within three business days after receipt of this Memorandum and Order. If Mr. Mitchell fails to pay the defendant the full Sanction amount within three business days of receipt of this Memor andum and Order, a daily civil contempt fine in the amount of $100, payable to defendant, will begin to accrue on the fourth business day after Mr. Mitchell's receipt of this Memorandum and Order. The daily fine shall continue to accrue for up to ten business days, or until Mr. Mitchell pays the Sanction amount plus any accrued civil contempt fine amounts in full, whichever is earlier. By April 9, 2012, counsel for defendant shall submit to the court a sworn affidavit and supporting do cuments setting forth the following information: (1) the date on which defendant served a copy of this Memorandum of Order on Mr. Mitchell, with proof of his receipt; (2) if applicable, the date on which defendant received Mr. Mitchell's full pa yment of the Sanction amount plus any accrued civil contempt fine amounts; and (3) the amount of additional unpaid civil contempt fines due, if any. Based on this affidavit, the court will direct the Clerk of the Court to enter a final judgment again st Mr. Mitchell that includes: (1) the outstanding Sanction amount, if any; (2) the amount of additional civil contempt fines due, if any; and (3) attorneys' fees in the amount of $49,459.38, with post-judgment interest to accrue upon entry of judgment at the rate prescribed by law pursuant to 28 U.S.C. § 1961. Ordered by Judge Kiyo A. Matsumoto on 3/16/2012. (Chang, Emily)

Date Filed

Document Text

March 16, 2012

Filing 206 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 179 Motion for Contempt; adopting Report and Recommendations as to 192 Report and Recommendations. For the reasons set forth in the attached Memorandum and Order, the court grants defendant& #039;s motion to hold plaintiff's counsel, Mr. Mitchell, in civil contempt for failure to comply with Judge Trager's orders dated March 28, 2007, and November 13, 2009. In addition, the court affirms and adopts Magistrate Judge Gold's Report and Recommendation as the opinion of the court. The court orders defendant to serve a copy of this Memorandum and Order upon Mr. Mitchell by personal service, or certified mail or private delivery with return receipt requested. Mr. Mitchell s hall pay the defendant the Sanction amount of $963.00 within three business days after receipt of this Memorandum and Order. If Mr. Mitchell fails to pay the defendant the full Sanction amount within three business days of receipt of this Memor andum and Order, a daily civil contempt fine in the amount of $100, payable to defendant, will begin to accrue on the fourth business day after Mr. Mitchell's receipt of this Memorandum and Order. The daily fine shall continue to accrue for up to ten business days, or until Mr. Mitchell pays the Sanction amount plus any accrued civil contempt fine amounts in full, whichever is earlier. By April 9, 2012, counsel for defendant shall submit to the court a sworn affidavit and supporting do cuments setting forth the following information: (1) the date on which defendant served a copy of this Memorandum of Order on Mr. Mitchell, with proof of his receipt; (2) if applicable, the date on which defendant received Mr. Mitchell's full pa yment of the Sanction amount plus any accrued civil contempt fine amounts; and (3) the amount of additional unpaid civil contempt fines due, if any. Based on this affidavit, the court will direct the Clerk of the Court to enter a final judgment again st Mr. Mitchell that includes: (1) the outstanding Sanction amount, if any; (2) the amount of additional civil contempt fines due, if any; and (3) attorneys' fees in the amount of $49,459.38, with post-judgment interest to accrue upon entry of judgment at the rate prescribed by law pursuant to 28 U.S.C. § 1961. Ordered by Judge Kiyo A. Matsumoto on 3/16/2012. (Chang, Emily)

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Plaintiff: Dorothy Barney
Represented By:	Stephen T. Mitchell
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Defendant: Con Edison
Represented By:	Barbara Jane Carey
Represented By:	Jonathan A. Fields
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