Dover et al v. British Airways, PLC (UK)
Plaintiff: Russel Dover, Henry Horsey, Suzette Perry, Cody Rank, Jonathan Stone and Dover
Defendant: British Airways, PLC (UK)
Case Number: 1:2012cv05567
Filed: November 9, 2012
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Raymond J Dearie
Referring Judge: Marilyn D Go
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2015 Filing 154 Joint MOTION for Extension of Time to Complete Discovery and Modify the Court's March 18, 2015 Minute Order on behalf of all parties by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Stellings, David)
March 25, 2015 Filing 153 Letter MOTION to Withdraw # 148 MOTION to Compel Deposition Regarding BA's March 15, 2015 ICW Production by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Lichtman, Jason)
March 25, 2015 Opinion or Order ORDER: In light of plaintiffs' motion withdrawing their motion to compel a deposition, the # 153 Motion to Withdraw is granted and the # 148 motion to compel is terminated. The joint # 154 Motion for an extension of time is granted and the prior deadline set for completion of third party discovery is extended to May 1, 2015. All other deadlines remain unchanged. Ordered by Magistrate Judge Marilyn D. Go on 3/25/2015. (Go, Marilyn)
March 24, 2015 Filing 152 RESPONSE to Motion re # 148 MOTION to Compel Deposition Regarding BA's March 15, 2015 ICW Production filed by British Airways, PLC (UK). (Carey, Colleen)
March 24, 2015 Filing 151 TRANSCRIPT of Proceedings held on 3/18/15, before Judge Go. Court Reporter/Transcriber TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/14/2015. Redacted Transcript Deadline set for 4/24/2015. Release of Transcript Restriction set for 6/22/2015. (Hong, Loan)
March 24, 2015 Opinion or Order ORDER granting # 149 Motion to Withdraw as Attorney. Attorney Edwin R. Cortes terminated. Ordered by Magistrate Judge Marilyn D. Go on 3/24/2015. (Hugh, Lewis)
March 23, 2015 Filing 150 AFFIDAVIT/DECLARATION in Support re # 149 MOTION to Withdraw as Attorney Edwin Cortes filed by British Airways, PLC (UK). (Gordon, Keara)
March 23, 2015 Filing 149 MOTION to Withdraw as Attorney Edwin Cortes by British Airways, PLC (UK). (Gordon, Keara)
March 20, 2015 Filing 148 MOTION to Compel Deposition Regarding BA's March 15, 2015 ICW Production by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Lichtman, Jason)
March 18, 2015 Filing 147 MEMORANDUM in Opposition re # 145 Letter from Iberia Airlines filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Lichtman, Jason)
March 18, 2015 Filing 146 RESPONSE in Opposition re # 144 MOTION to Produce Names and Contact Information of Third party Airlines filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit 3/8/15 e-mails) (Lichtman, Jason)
March 18, 2015 Minute Order for proceedings held on 3/18/2015 before Magistrate Judge Marilyn D. Go: Appearances by telephone by J. Lichtman, D. Cuthbertson for plaintiffs; K. Gordon, R. Hans; C. Carey for defendant. Discussion held on the plaintiffs' # 134 motion to compel and # 136 motion for an extension of discovery, and defendant's # 144 motion to compel. The # 134 motion to compel is granted to extent discussed. The # 136 motion to extend discovery to 4/17/2014 is granted, but only for the purpose of conducting the third-party discovery discussed and the deposition of Ms. Vasallo. Defendant's # 144 motion to compel contact information as to subpoenaed parties is granted. Plaintiffs must produce by 3/19/2015 the requested contact information and copies of all documents previously obtained from non-parties in response to subpoenas served. All information disclosed by non-party airlines is restricted for use only in this case, and all documents produced by them must be be returned or destroyed promptly after conclusion of this action. FTR/c: 2:04-2:35(Moo-Young, Jillian)
March 17, 2015 Filing 145 Letter Regarding Plaintiffs' Motion to Extend Third-Party Discovery by Iberia Lineas Aereas De Espana, S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Dow, Mary)
March 17, 2015 Filing 144 MOTION to Produce Names and Contact Information of Third party Airlines by British Airways, PLC (UK). (Attachments: # 1 Exhibit 1) (Gordon, Keara)
March 13, 2015 Opinion or Order ORDER: The # 143 Motion to Withdraw the # 138 motion to quash is granted, and the # 138 motion to quash is thus denied as moot. Ordered by Magistrate Judge Marilyn D. Go on 3/13/2015. (Moo-Young, Jillian)
March 10, 2015 Filing 143 Letter MOTION to Withdraw # 138 Letter MOTION to Quash Subpoena to Testify at a Deposition by Deutsche Lufthansa Aktiengeselischaft. (Mahr, Eric)
March 10, 2015 Filing 142 RESPONSE in Opposition re # 136 Letter MOTION for Extension of Time to Complete Discovery , Pertaining Only to Third Party Discovery filed by British Airways, PLC (UK). (Carey, Colleen)
March 10, 2015 Filing 141 REPLY in Support re # 136 Letter MOTION for Extension of Time to Complete Discovery , Pertaining Only to Third Party Discovery filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Lichtman, Jason)
March 9, 2015 Filing 140 RESPONSE in Opposition re # 136 Letter MOTION for Extension of Time to Complete Discovery , Pertaining Only to Third Party Discovery filed by British Airways, PLC (UK). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Carey, Colleen)
March 9, 2015 Filing 139 RESPONSE in Opposition re # 138 Letter MOTION to Quash Subpoena to Testify at a Deposition Asking this Court to Deny that Motion as Moot filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit 3/6 e-mail chain) (Lichtman, Jason)
March 6, 2015 Filing 138 Letter MOTION to Quash Subpoena to Testify at a Deposition by Deutsche Lufthansa Aktiengeselischaft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Mahr, Eric)
March 6, 2015 Opinion or Order SCHEDULING ORDER: Any response to the # 136 motion for an extension of time must be filed by 3/9/2015. Ordered by Magistrate Judge Marilyn D. Go on 3/6/2015. (Moo-Young, Jillian)
March 5, 2015 Filing 137 REPLY in Support re # 134 MOTION to Compel Letter to Judge Go filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Stellings, David)
March 5, 2015 Filing 136 Letter MOTION for Extension of Time to Complete Discovery , Pertaining Only to Third Party Discovery by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank, Jonathan Stone. (Lichtman, Jason)
February 27, 2015 Filing 135 RESPONSE in Opposition re # 134 MOTION to Compel Letter to Judge Go filed by British Airways, PLC (UK). (Birnbaum, Timothy)
February 23, 2015 Opinion or Order SCHEDULING ORDER: Any response to the # 134 motion to compel must be filed by 2/27/2015; reply by 3/5/2015. A conference on the motion will be held on 3/18/2015 at 1:30 p.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 2/23/2015. (Moo-Young, Jillian)
February 18, 2015 Filing 134 MOTION to Compel Letter to Judge Go by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stellings, David)
January 23, 2015 Filing 133 ANSWER to # 131 Amended Complaint by British Airways, PLC (UK). (Birnbaum, Timothy)
January 21, 2015 Filing 132 TRANSCRIPT of Proceedings held on 1/8/15, before Judge Go. Court Reporter/Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, INC., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/11/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/21/2015. (Hong, Loan)
January 9, 2015 Filing 131 AMENDED COMPLAINT against British Airways, PLC (UK), filed by Cody Rank, Russel Dover, Suzette Perry, Henry Horsey. (Lichtman, Jason)
January 9, 2015 Minute Order for proceedings held on 1/8/2015 before Magistrate Judge Marilyn D. Go: Appearances by D. Stellings, J. Lichtman, D. Cuthbertson for plaintiffs; K. Gordon, C. Carey, T. Birnbaum for defendant. Hearing held on plaintiffs' # 128 motion to compel depositions. As discussed on the record, the motion is granted as to J. Tuensmeyer, and denied as to the other disputed witnesses, but without prejudice to renewal after depositions of the witnesses defendant has agreed to produce and identified as having comparable, relevant information. The parties shall confer on the admissibility of documents plaintiffs identify as involving only disputed witnesses, all of whom defendant states it will not call at trial. The prior scheduling order is modified as follows: (1) any party intending to call an expert, other than in rebuttal, must give notice by 2/27/2015 of the type of expert to be retained and topics to be addressed by the expert; (2) affirmative expert reports and disclosures must be served by 5/4/2015, rebuttal expert reports and disclosures served by 6/15/2015, and responsive reports served by 7/15/2015; (3) expert depositions completed by 9/11/2015; (4) any motion for class certification must be served by 9/25/2015; opposing papers by 11/2/2015; any reply by 11/23/2015; defendant may submit a 5 page surreply, if necessary, by 12/4/2015, addressing only the matters raised in plaintiffs' reply; and (5) any Daubert motion must be served by 9/25/2015; opposing papers by 10/26/2015; replies by 11/13/2015. FTR/c: 5:02-6:41 (Moo-Young, Jillian)
January 8, 2015 Filing 130 REPLY in Support re # 128 MOTION to Compel Letter to Judge Go filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Lichtman, Jason)
January 7, 2015 Filing 129 RESPONSE in Opposition re # 128 MOTION to Compel Letter to Judge Go filed by British Airways, PLC (UK). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Carey, Colleen)
January 7, 2015 Filing 128 MOTION to Compel Letter to Judge Go by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Lichtman, Jason)
January 7, 2015 Opinion or Order ORDER: Because the plaintiffs have advised the Court that they wish to withdraw the motion, the # 127 Motion for Leave to Electronically File Document under Seal is denied as moot. Ordered by Magistrate Judge Marilyn D. Go on 1/7/2015. (Moo-Young, Jillian)
January 5, 2015 Filing 127 Notice of MOTION for Leave to Electronically File Document under Seal L.R. 37.3 Discovery Letter and Exhibits by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration Declaration of Douglas I. Cuthbertson, # 7 Proposed Order [Proposed Order]) (Diamand, Nicholas)
December 16, 2014 Opinion or Order SCHEDULING ORDER: A conference is scheduled for 1/8/2015 at 3:00 p.m. (by tel.) to discuss the discovery schedule. Ordered by Magistrate Judge Marilyn D. Go on 12/16/2014. (Moo-Young, Jillian)
December 14, 2014 Filing 126 Proposed Scheduling Order in Response to British Airways' December 12, 2014 Proposal by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank (Lichtman, Jason)
December 12, 2014 Filing 125 Proposed Scheduling Order in response to the Plaintiffs' December 8, 2014 letter proposing a briefing schedule for class certification by British Airways, PLC (UK) (Carey, Colleen)
December 8, 2014 Filing 124 Proposed Scheduling Order by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank (Lichtman, Jason)
December 8, 2014 Filing 123 Proposed Scheduling Order by British Airways, PLC (UK) (Carey, Colleen)
December 3, 2014 Opinion or Order ORDER granting # 121 Motion for Extension of Time to 12/8/14 to File Briefing Schedule for Class Certification Motion. Ordered by Magistrate Judge Marilyn D. Go on 12/3/2014. (Go, Marilyn)
December 2, 2014 Filing 121 Joint MOTION for Extension of Time to File Briefing Schedule for Class Certification by British Airways, PLC (UK). (Carey, Colleen)
December 1, 2014 Opinion or Order ORDER: The # 120 Stipulation regarding discovery of Electronically Stored Information is "so ordered." Ordered by Magistrate Judge Marilyn D. Go on 12/1/2014. (Go, Marilyn)
November 25, 2014 Filing 120 STIPULATION and [Proposed] Order Regarding Discovery of Electronically-Stored Information by British Airways, PLC (UK) (Carey, Colleen)
October 28, 2014 Opinion or Order Filing 119 ORDER: After review, this Court approves the # 117 Stipulation and [Proposed] Order Regarding the Destruction of the R-Squared Documents and Redaction of the Cody Rank Deposition Transcript, but subject to modification of Paragraphs 4 and 5 as set forth in the attached order. Ordered by Magistrate Judge Marilyn D. Go on 10/28/2014. (Moo-Young, Jillian) (Main Document 119 replaced on 10/28/2014) (Hugh, Lewis).
October 28, 2014 Opinion or Order ORDER: The # 115 motion to compel is denied as moot, in light of the # 117 stipulation that was approved by the Court in a prior # 119 order. The motion hearing set for 10/31/2014 is canceled, but the parties may, if they believe there are further issues to discuss, call chambers by 10/30/2014 to advise the Court that the parties would like to proceed with the scheduled conference. Ordered by Magistrate Judge Marilyn D. Go on 10/28/2014. (Moo-Young, Jillian)
October 27, 2014 Filing 118 TRANSCRIPT of Proceedings held on 10/16/14, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/17/2014. Redacted Transcript Deadline set for 11/28/2014. Release of Transcript Restriction set for 1/26/2015. (Hong, Loan)
October 23, 2014 Filing 117 Proposed Pretrial Order Regarding the Destruction of the R-Squared Documents and Redaction of the Cody Rank Deposition Transcript by British Airways, PLC (UK) (Carey, Colleen)
October 23, 2014 Filing 116 Joint MOTION for Extension of Time to Complete Discovery and modify scheduling order by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Stellings, David)
October 23, 2014 Opinion or Order ORDER granting # 116 Motion for Extension of Time. The scheduling order is modified to extend the time for 30(b)(6) depositions to 3/20/15, as stipulated by the parties. Ordered by Magistrate Judge Marilyn D. Go on 10/23/2014. (Go, Marilyn)
October 17, 2014 Minute Order for proceedings held on 10/16/2014 before Magistrate Judge Marilyn D. Go: Appearances by D. Stellings, D. Cuthbertson for plaintiffs; K. Gordon, C. Carey for defendant. After discussion, plaintiffs' # 110 motion to compel is denied as moot as to the request for identification of defendant's credit card partners and denied without prejudice as to the remainder of the motion so that the parties can attempt to reach on a stipulation on revenue information from credit card partners. The parties shall confer on the portions of transcript to be redacted raised in plaintiffs' other motion # 115 to compel. If no resolution is reached, defendant's opposition to that # 115 motion must be filed by 10/23/2014, any reply filed by 10/28/2014 and the motion heard on 10/31/2014 at 2:00 p.m. (by tel.) The parties must file by 12/2/2014 a proposed schedule for briefing of a class certification motion (and are advised the Judge Dearie will not require a pre-motion conference for this motion).FTR/c: 2:05-2:38 (Moo-Young, Jillian)
October 14, 2014 Filing 115 MOTION to Compel Letter to Judge Go by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A) (Cuthbertson, Douglas)
October 9, 2014 Opinion or Order Filing 113 MEMORANDUM & ORDER: Defendant British Airways appeals Magistrate Judge Go's 7/26/14 Order on plaintiffs' 6/26/14 letter motion to compel (ECF No. 82). Def.'s App. of Mag. J. Decision, ECF No. 93. For the reasons stated by Magistrate Judge Go during the 7/10/14 discovery conference, the Court adopts the 7/26/14 Order. Ordered by Judge Raymond J. Dearie on 10/9/2014. (Chee, Alvin)
October 9, 2014 Opinion or Order Filing 114 MEMORANDUM & ORDER: Before the Court is an appeal by British Airways objecting to Magistrate Judge Go's 8/15/14 ruling on British Airways' motion to compel. Magistrate Judge Go's 8/15/14 Order is accordingly affirmed. Ordered by Judge Raymond J. Dearie on 10/9/2014. (Chee, Alvin)
October 6, 2014 Filing 112 REPLY in Support re # 110 MOTION to Compel Letter to Judge Go filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Stellings, David)
October 6, 2014 Opinion or Order SCHEDULING ORDER re # 110 MOTION to Compel: A hearing on # 110 is set for 10/16/2014 at 2:00 p.m. The parties may appear by telephone. Ordered by Magistrate Judge Marilyn D. Go on 10/6/2014. (Hugh, Lewis)
October 3, 2014 Filing 111 RESPONSE in Opposition re # 110 MOTION to Compel Letter to Judge Go filed by British Airways, PLC (UK). (Carey, Colleen)
September 29, 2014 Filing 110 MOTION to Compel Letter to Judge Go by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stellings, David)
September 23, 2014 Filing 109 Letter Seeking to Withdraw Plaintiffs' Motion for a Protective Order (Dkt. No. 106) by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank (Stellings, David)
September 23, 2014 Opinion or Order ORDER finding as moot # 106 Motion for Protective Order in light of the letter of plaintiffs' counsel # 109 . Ordered by Magistrate Judge Marilyn D. Go on 9/23/2014. (Go, Marilyn)
September 15, 2014 Filing 108 Letter MOTION for Extension of Time to File Response/Reply as to # 106 MOTION for Protective Order to Quash Subpoena of AT&T Mobility LLC by British Airways, PLC (UK). (Cortes, Edwin)
September 15, 2014 Incorrect Case/Document/Entry Information: The motion for an extension of time to respond (docket entry 107) was inadvertently filed ad was removed. (Hugh, Lewis)
September 15, 2014 Opinion or Order ORDER: The # 108 Motion for Extension of Time is granted on consent. Defendant's time to respond to the # 106 motion is extended to 9/23/2014. Ordered by Magistrate Judge Marilyn D. Go on 9/15/2014. (Moo-Young, Jillian)
September 12, 2014 Filing 106 MOTION for Protective Order to Quash Subpoena of AT&T Mobility LLC by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A) (Stellings, David)
September 8, 2014 Filing 105 REPLY in Support re # 101 Appeal of Magistrate Judge Decision to District Court filed by British Airways, PLC (UK). (Gordon, Keara)
September 4, 2014 Filing 104 Letter in Opposition to British Airways Plc's August 28, 2014 appeal, docket # 101 by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank (Attachments: # 1 Exhibit A) (Stellings, David)
September 4, 2014 Filing 103 REPLY to Response to Motion re # 93 MOTION for Discovery Appeal of Magistrate Go's July 29, 2014 Discovery Order filed by British Airways, PLC (UK). (Attachments: # 1 Exhibit A) (Gordon, Keara)
August 28, 2014 Filing 102 RESPONSE in Opposition re # 93 MOTION for Discovery Appeal of Magistrate Go's July 29, 2014 Discovery Order filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Stellings, David)
August 28, 2014 Filing 101 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by British Airways, PLC (UK) re # 97 Order on Motion to Compel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Carey, Colleen)
August 20, 2014 Filing 100 TRANSCRIPT of Proceedings held on August 18, 2014, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/18/2014. (Rocco, Christine)
August 19, 2014 Filing 99 Letter in Response to Letter Regarding BA's Motion to Compel Compliance of Non-Party Alison Vasallo by British Airways, PLC (UK) (Attachments: # 1 Exhibit A) (Carey, Colleen)
August 18, 2014 Filing 98 TRANSCRIPT of Proceedings held on 8/11/14, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2014. Redacted Transcript Deadline set for 9/18/2014. Release of Transcript Restriction set for 11/17/2014. (Hong, Loan)
August 18, 2014 Opinion or Order Minute Order for proceedings held on 8/18/2014 before Magistrate Judge Marilyn D. Go: Appearances by J. Lichtman, D. Stellings, D. Cuthbertson for the plaintiffs; C. Carey, K. Gordon, T. Birnbaum for the defendant. Discussion held on the parties' efforts to narrow the scope of discovery sought by plaintiffs in their # 82 motion to compel which the court granted at a conference on 7/10/2014, subject to efforts of the parties to narrow the scope of discovery, as discussed on the record. The parties reported that they have agreed on narrowing the scope of discovery in certain respects, but discovery on the requests will not proceed until defendant's # 93 appeal on relevance grounds is addressed by Judge Dearie. Although defendant withdrew its objection at a conference on 8/11/2014 and so confirmed in the letter of its counsel, defendant now seeks to renew its # 93 appeal from the discovery ruling. Since the appeal # 93 has not yet been terminated on the docket sheet, it is deemed reinstated. Plaintiffs' opposition to the # 93 objection must be filed by 8/28/2014 and any reply by 9/4/2014. FTR/c: 3:09-3:53 (Moo-Young, Jillian)
August 15, 2014 Opinion or Order Filing 97 ORDER: The # 81 Motion to Compel is denied as set forth in the attached order. Ordered by Magistrate Judge Marilyn D. Go on 8/15/2014. (Moo-Young, Jillian)
August 14, 2014 Filing 96 Letter Regarding BA's Motion to Compel Compliance of Non-party Alison Vasallo by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank (Stellings, David)
August 11, 2014 Filing 95 NOTICE by British Airways, PLC (UK) re # 93 MOTION for Discovery Appeal of Magistrate Go's July 29, 2014 Discovery Order Notice of Withdrawal of Appeal (Birnbaum, Timothy)
August 11, 2014 Filing 94 TRANSCRIPT of Proceedings held on 7/10/14, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/2/2014. Redacted Transcript Deadline set for 9/11/2014. Release of Transcript Restriction set for 11/10/2014. (Hong, Loan)
August 11, 2014 Filing 93 MOTION for Discovery Appeal of Magistrate Go's July 29, 2014 Discovery Order by British Airways, PLC (UK). (Gordon, Keara)
August 11, 2014 Minute Entry for proceedings conference held on 8/11/2014 before Magistrate Judge Marilyn D. Go: Appearances by D. Stellings, N. Diamand, J. Lichtman, D. Cuthbertson for the plaintiffs; C. Carey, K. Gordon, T. Birnbaum, R. Hans for the defendant. Discussion held on defendant's # 91 motion for discovery, and conference continued to 8/18/2014 at 3:00 p.m. (by tel.) to give the parties time to confer on narrowing the scope of plaintiffs' document requests, as previously directed. Defendant agreed to withdraw its pending # 93 appeal from the Court's prior discovery rulings on the record on 7/29/14 regarding plaintiffs' # 82 motion to compel, without prejudice to reinstatement and supplementation to include any further objections to rulings the Court will make on narrowing the scope of production. FTR/c: 3:26-3:40 (Moo-Young, Jillian)
August 11, 2014 Opinion or Order SCHEDULING ORDER: The proposed # 90 schedule for expert discovery is "so ordered." Plaintiffs must disclose the subject of any matter that will be supported by expert testimony by 4/10/2015. Expert reports and disclosures shall be served as follows: plaintiffs' opening reports served by 5/4/2015, defendant's reports by 6/18/2015; plaintiffs' replies served by 7/20/2015; and expert depositions completed by 9/30/2015. Ordered by Magistrate Judge Marilyn D. Go on 8/11/2014. (Moo-Young, Jillian)
August 8, 2014 Filing 92 RESPONSE to Motion re # 91 MOTION for Discovery filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Stellings, David)
August 5, 2014 Filing 91 MOTION for Discovery by British Airways, PLC (UK). (Attachments: # 1 Exhibit A) (Carey, Colleen)
July 30, 2014 Filing 90 Proposed Scheduling Order by British Airways, PLC (UK) (Carey, Colleen)
July 30, 2014 Filing 89 NOTICE of Appearance by Edwin R. Cortes on behalf of British Airways, PLC (UK) (aty to be noticed) (Cortes, Edwin)
July 30, 2014 Opinion or Order ORDER granting # 88 Motion to Adjourn Conference: The time for the telephone status conference on 08/11/2014 is adjourned to 3:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 7/30/2014. (Hugh, Lewis)
July 29, 2014 Filing 88 MOTION to Adjourn Conference by British Airways, PLC (UK). (Carey, Colleen)
July 29, 2014 Opinion or Order SCHEDULING ORDER: A telephone status conference is set for 8/11/2014 at 10:30 AM before Magistrate Judge Marilyn D. Go. Ordered by Magistrate Judge Marilyn D. Go on 7/29/2014. (Hugh, Lewis)
July 10, 2014 Minute Order for Motion Hearing held on 7/10/2014 before Magistrate Judge Marilyn D. Go: Appearances by D. Stellings, D. Cuthbertson, N. Diamand for plaintiffs; K. Gordon, C. Carey, K. Birnbaum, E. Cortez for defendant. Plaintiffs' # 87 motion to quash was denied for lack of jurisdiction since no order pursuant to Federal Rule of Civil Procedure 45(f) has been issued by the District Court where compliance is sought. See KGK Jewelry LLC v. ESDNetwork , 2014 WL 1199326 (S.D.N.Y. 2014). Oral argument held on the defendants' # 81 and plaintiffs' # 82 motions to compel. Decision reserved on the # 81 motion, to be set forth in a separate order. Plaintiffs' # 82 motion is granted to extent discussed and subject to narrowing of the scope of requests as to time periods and routes, as discussed. The parties should endeavor to work on narrowing the scope of future discovery in this case. FTR/C 1:03-2:22 (Hugh, Lewis)
July 9, 2014 Filing 87 MOTION for Protective Order To Quash British Airways Subpoena of Non-Party Allison Vasallo by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank, Allison Vasallo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Stellings, David)
July 7, 2014 Filing 86 REPLY in Support re # 82 MOTION to Compel Letter to Judge Go filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit 1) (Stellings, David)
July 2, 2014 Filing 85 REPLY in Support re # 81 Letter MOTION to Compel filed by British Airways, PLC (UK). (Carey, Colleen)
July 2, 2014 Filing 84 RESPONSE in Opposition re # 82 MOTION to Compel Letter to Judge Go filed by British Airways, PLC (UK). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Carey, Colleen)
June 30, 2014 Filing 83 REPLY in Opposition re # 81 Letter MOTION to Compel by British Airways, PLC (UK) filed by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stellings, David)
June 30, 2014 Opinion or Order SCHEDULING ORDER: The conference (by tel.) on 07/10/2014 is moved to 1:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 6/30/2014. (Hugh, Lewis)
June 27, 2014 Opinion or Order SCHEDULING ORDER: re Plaintiffs' # 82 MOTION to Compel. Any response to the motion to compel must be filed by 7/2/2014 and a reply filed by 7/7/2014. A hearing on the motion will be held on 7/10/2014 at 3:00 p.m. (by tel.). Ordered by Magistrate Judge Marilyn D. Go on 6/27/2014. (Go, Marilyn)
June 26, 2014 Filing 82 MOTION to Compel Letter to Judge Go by Russel Dover, Henry Horsey, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Stellings, David)
June 25, 2014 Filing 81 Letter MOTION to Compel by British Airways, PLC (UK). (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Gordon, Keara)
June 25, 2014 Opinion or Order SCHEDULING ORDER: Because the underlying motion to compel that is the subject of the motion for leave to file under seal does not contain any designated confidential information other than in Exhibits B and C of the motion, the defendants are directed to file the motion publicly as a separate motion, but without Exhibits B or C. Any response to the motion to compel must be filed by 6/30/2014 and a reply filed by 7/2/2014. The motion to file under seal is deemed amended to cover only Exhibits B and C and any other attachments to opposing or reply papers that have previously been designated as confidential. A hearing on the motion will be held on 7/10/2014 at 3:00 p.m. (by tel.). Any party filing a document under seal must promptly deliver a copy to the other side. Ordered by Magistrate Judge Marilyn D. Go on 6/25/2014. (Moo-Young, Jillian)
June 16, 2014 Opinion or Order ORDER granting # 79 Motion for Extension of Time to Complete Discovery. Discovery is extended as proposed, with (a) production of documents regarding BA's initial decision to implement a fuel surcharge completed by 9/26/14; (b) production to other discovery requests completed by 10/6/14; (c) depositions on specified topics completed as follows: currency and fuel hedging by 7/24/14, and BA's decision to implement fuel surcharge and methodology to determine the surcharge by 11/7/14; (d) fact discovery completed by 3/20/2015. A telephone conference will be held on Oct. 15, 2014 at 11:00 a.m. to discuss the status of discovery, ways to expedite and narrow discovery and issues, and settlement. The parties are encouraged to schedule an earlier conference if they believe that earlier discussion of any topic would be useful. Ordered by Magistrate Judge Marilyn D. Go on 6/16/2014. (Go, Marilyn)
June 13, 2014 Filing 79 Joint MOTION for Extension of Time to Complete Discovery on behalf of all parties by British Airways, PLC (UK). (Attachments: # 1 Proposed Order) (Carey, Colleen)
June 9, 2014 Opinion or Order ORDER denying # 78 Motion for Extension of Time to Complete Discovery without prejudice. Ordered by Magistrate Judge Marilyn D. Go on 6/9/2014. (Hugh, Lewis)
May 30, 2014 Filing 78 Letter MOTION for Extension of Time to Complete Discovery by British Airways, PLC (UK). (Carey, Colleen)
May 12, 2014 Opinion or Order Filing 77 ORDER: The motion to substitute Henry Horsey for current plaintiff Jonathan Stone is GRANTED. Ordered by Judge Raymond J. Dearie on 5/9/2014. (Chee, Alvin)
April 30, 2014 Filing 76 Letter to Honorable Raymond J. Dearie in Support of Request to Substitute Named Plaintiff by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Diamand, Nicholas)
April 28, 2014 Filing 75 Letter dated 4/21/14 from Christopher Christianson, Esq., to Clerk of Court, advising of subpoena issued in error. (Chee, Alvin)
April 25, 2014 Filing 74 Letter In Opposition to Plaintiffs' April 15th Letter by British Airways, PLC (UK) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Gordon, Keara)
April 16, 2014 Opinion or Order ELECTRONIC ORDER re # 73 Letter filed by Cody Rank, Jonathan Stone, Suzette Perry, Russel Dover, re: request to substitute a named plaintiff. Counsel for defendant will respond to request on or before 4/25/14; counsel for plaintiff(s) will reply on or before 5/2/14. So Ordered by Judge Raymond J. Dearie on 4/16/2014. (Mulqueen, Ellen)
April 15, 2014 Filing 73 Letter to Honorable Raymond J. Dearie regarding Request to Substitute Named Plaintiff by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Diamand, Nicholas)
March 27, 2014 Opinion or Order Filing 72 ORDER granting # 70 Motion for Protective Order pursuant to F.R. Evid. 502(d). Ordered by Magistrate Judge Marilyn D. Go on 3/27/2014. (Hugh, Lewis)
March 27, 2014 Filing 71 Letter to Honorable Go regarding Proposed 502(d) Order by British Airways, PLC (UK), Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Carey, Colleen)
February 25, 2014 Filing 70 Joint MOTION for Protective Order Establishing Protocol for Document Production and Preservation of Applicable Privileges by British Airways, PLC (UK). (Carey, Colleen)
February 5, 2014 Opinion or Order ORDER: The proposed schedule for document production and depositions as set forth in the parties' # 69 letter is approved. So Ordered. Ordered by Magistrate Judge Marilyn D. Go on 2/4/2014. (Moo-Young, Jillian)
February 3, 2014 Filing 69 Letter re: proposed discovery schedule by British Airways, PLC (UK), Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Birnbaum, Timothy)
January 31, 2014 Opinion or Order Filing 68 ORDER: The # 67 motion to compel is granted subject to the limitations set forth in the attached order. The parties must submit a status report by 2/5/2014 with a proposed schedule for initial disclosures, document production, and depositions. All document production and discovery must be completed by 8/1/2014 and fact discovery completed by 1/30/2015. Ordered by Magistrate Judge Marilyn D. Go on 1/31/2014. (Moo-Young, Jillian)
January 31, 2014 Filing 67 MOTION to Compel by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Moo-Young, Jillian)
January 31, 2014 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go:Motion Hearing held on 1/21/2014. Appearances by J. Lichtman, D. Stellings, D. Cuthbertson, N. Diamand for plaintiffs; C. Carey, T. Birnbaum for defendant. Argument held on the # 62 motion for leave to seal and # 67 motion to compel. Defendant must provide chambers by 1/23/2014 marked portions of the exhibits indicating which portions of the exhibits are confidential. The plaintiff's motion to compel is granted in large part without opposition, as set forth in separate order. The parties must submit a status report by 2/4/2014 with a proposed schedule for production of the electronic and physical documents. FTR: 12:41-1:31 (Moo-Young, Jillian)
January 31, 2014 Opinion or Order ORDER granting in part and denying in part # 62 Motion for Leave to Electronically File Document under Seal. Since, as the parties advise, the exhibits that plaintiffs seek to seal, except for Exhibit C, are deposition transcripts that the parties have not yet reviewed for designation of confidential portions within the 30 day window previously set, the motion to seal is granted as to those portions of the transcripts that are designated as confidential. However, after reviewing the deposition transcripts, the parties must publicly file the documents supporting the # 67 motion to compel, with any confidential information redacted. At this juncture, the Court will accept the parties' designation of confidentiality, but may revisit the confidentiality of those documents at a later stage. If it has not done so already, defendant must provide the Court by January 23, 2014, a copy of Exhibit C marked to indicate which portions are confidential, so that the Court may evaluate whether sealing is appropriate. Ordered by Magistrate Judge Marilyn D. Go on 1/31/2014. (Moo-Young, Jillian)
January 24, 2014 Opinion or Order Filing 66 MEMORANDUM & ORDER: Defendant British Airways' # 57 motion for reconsideration is DENIED. Ordered by Judge Raymond J. Dearie on 1/24/2014. (Chee, Alvin)
January 23, 2014 Filing 65 TRANSCRIPT of Proceedings held on January 21, 2014, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/13/2014. Redacted Transcript Deadline set for 2/24/2014. Release of Transcript Restriction set for 4/23/2014. (Rocco, Christine)
January 21, 2014 Filing 64 MEMORANDUM in Opposition to Plaintiffs' Motion to Compel filed by British Airways, PLC (UK). (Birnbaum, Timothy)
January 20, 2014 Filing 63 Letter Regarding Discovery Schedule by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Stellings, David)
January 16, 2014 Filing 62 Notice of MOTION for Leave to Electronically File Document under Seal , MOTION to Compel Defendant British Airways, PLC (UK) by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Cuthbertson, Douglas)
January 10, 2014 Opinion or Order SCHEDULING ORDER: At the joint request of the parties, the conference scheduled for 1/16/2014 at 12:00 p.m. is adjourned to 1/17/2014 at 2:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 1/10/2014. (Moo-Young, Jillian)
January 10, 2014 Opinion or Order SCHEDULING ORDER: Due a change in Judge Go's schedule, the conference that was adjourned to 1/17/2014 at 2:00 p.m. is rescheduled for 1/21/2014 at 12:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 1/10/2014. (Moo-Young, Jillian)
December 26, 2013 Opinion or Order SCHEDULING ORDER: at plaintiff's request, the conference scheduled for 1/15/14 is adjourned on consent to 1/16/14 at 12:00 p.m. Ordered by Magistrate Judge Marilyn D. Go on 12/26/2013. (Proujansky, Josh)
December 16, 2013 Filing 61 TRANSCRIPT of Proceedings held on December 4, 2013, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2014. Redacted Transcript Deadline set for 1/16/2014. Release of Transcript Restriction set for 3/17/2014. (Rocco, Christine)
December 4, 2013 Minute Entry for Scheduling Conference held on 12/4/2013 before Magistrate Judge Marilyn D. Go: Appearances by J. Lichtman, D. Stellings, N. Diamond, D. Cuthbertson for the plaintiffs; K. Gordon, C. Carey for the defendant. Discussion held regarding a scheduling order, which will be issued at the next conference scheduled for 1/15/2014 at 10:00 a.m., after some preliminary discovery and discussion between the parties.FTR: 12:41-1:16 (Hugh, Lewis)
December 4, 2013 Filing 60 Letter [Letter to Honorable Raymond J. Dearie enclosing courtesy copies of Motion for Reconsideration filings] by British Airways, PLC (UK) (Hans, Richard)
December 4, 2013 Filing 59 REPLY in Support re # 57 MOTION for Reconsideration re # 52 Order on Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Hans, Richard)
December 4, 2013 Filing 58 MEMORANDUM in Support re # 57 MOTION for Reconsideration re # 52 Order on Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Hans, Richard)
December 4, 2013 Filing 57 MOTION for Reconsideration re # 52 Order on Motion to Dismiss for Failure to State a Claim by British Airways, PLC (UK). (Hans, Richard)
December 2, 2013 Filing 56 MEMORANDUM in Opposition re Motion for Reconsideration by British Airways, PLC (UK) filed by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Cuthbertson, Douglas)
November 27, 2013 Filing 55 Letter Pursuant to Judge Dearies Individual Motion Practice Rules III. D. 1 (re: Opposition to Motion for Reconsideration) by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Stellings, David)
November 22, 2013 Filing 54 Letter Pursuant to Judge Dearie's Individual Motion Practices Rule III. D. 1 (re: Motion for Reconsideration) by British Airways, PLC (UK) (Hans, Richard)
November 22, 2013 Filing 53 ANSWER to # 1 Complaint by British Airways, PLC (UK). (Carey, Colleen)
November 14, 2013 Opinion or Order SCHEDULING ORDER: A Status Conference is set for 12/4/2013 at 12:30 PM before Magistrate Judge Marilyn D. Go. Ordered by Magistrate Judge Marilyn D. Go on 11/14/2013. (Hugh, Lewis)
November 8, 2013 Opinion or Order Filing 52 MEMORANDUM & ORDER, The defendant's # 23 Motion to dismiss is DENIED. So Ordered by Judge Raymond J. Dearie on 11/7/2013. (Lee, Tiffeny)
October 30, 2013 Filing 51 TRANSCRIPT of Proceedings held on October 24, 2013, before Judge Go. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/28/2014. (Rocco, Christine)
October 24, 2013 Minute Entry for Discovery Hearing held on 10/24/2013 before Magistrate Judge Marilyn D. Go: Appearances by J. Lichtman, D. Stellings, M. Schlachet, N. Diamand, D. Cuthbertson for the plaintiffs; C. Carey, K. Gordon, T. Birnbaum for the defendant. As discussed on the record, defendant must supplement by 11/22/2013 its response to plaintiffs' Interrogatory 1 by explaining and describing in greater detail its process for calculating the fuel surcharge, with a focus on the fuel surcharges in effect on 1/1/2008 and defining relevant terms and explanation as necessary. FTR: 2:06-2:35 (Hugh, Lewis)
October 23, 2013 Filing 50 Letter Response to Plaintiffs' Status Report by British Airways, PLC (UK) (Birnbaum, Timothy)
October 23, 2013 Filing 49 STATUS REPORT On Discovery by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Attachments: # 1 Plaintiffs' September 27, 2013 Letter, # 2 British Airways' October 14, 2013 Letter, # 3 Plaintiffs' October 22, 2013 Letter, # 4 October 23, 2013 Email Exchange Between Counsel) (Stellings, David)
September 30, 2013 Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/20/13, before Judge Raymond Dearie. Court Reporter/Transcriber Richard W. Barry, Telephone number 718-613-2505. Email address: rwbarrycourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/21/2013. Redacted Transcript Deadline set for 10/31/2013. Release of Transcript Restriction set for 12/30/2013. (Barry, Richard)
September 27, 2013 Opinion or Order Filing 47 ORDER granting # 44 Motion for Protective Order as modified herein. Ordered by Magistrate Judge Marilyn D. Go on 9/27/2013. (Attachments: # 1 Ex. 1 Proposed Protective Order) (Moo-Young, Jillian)
September 25, 2013 Filing 46 TRANSCRIPT of Proceedings held on September 20, 2013, before Judge Go. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number (203)929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/16/2013. Redacted Transcript Deadline set for 10/28/2013. Release of Transcript Restriction set for 12/24/2013. (Rocco, Christine)
September 20, 2013 Filing 45 Minute Entry for proceedings held before Judge Raymond J. Dearie: Oral Argument held on 9/20/2013 re # 23 Motion to Dismiss filed by British Airways, PLC (UK). Counsel for parties present. Argument heard. Decision reserved. (Court Reporter: Richard Barry.) (Chee, Alvin)
September 20, 2013 Minute Entry for Status Conference held on 9/20/2013 before Magistrate Judge Marilyn D. Go: Appearances by D. Stellings, J. Lichtman; N. Diamand, D. Cuthbertson for plaintiffs; K. Gordon, C. Carey, T. Birnbaum for defendant. Plaintiffs must pare down their discovery requests, as discussed. Next conference scheduled for 10/24/2013 at 2:00 p.m. FTR: 1:03-1:27 (Hugh, Lewis)
August 16, 2013 Filing 44 MOTION for Protective Order Stipulated [Proposed] Protective Order Regarding Confidentiality of Discovery Material and Inadvertent Disclosure of Privileged Material by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Lichtman, Jason)
July 29, 2013 Filing 43 TRANSCRIPT of Proceedings held on 7/26/13, before Judge Go. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/28/2013. (Hong, Loan)
July 26, 2013 Opinion or Order Filing 42 ORDER: As discussed during the conference held on July 26, 2013, this order sets forth certain rules governing discovery in cases supervised by me. See attached. Ordered by Magistrate Judge Marilyn D. Go on 7/26/2013. (Albertsen, Joanne)
July 26, 2013 Filing 41 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Motion Hearing held on 7/26/2013. Appearances by D. Cuthbertson, J. Lichtman, N. Diamand for plaintiffs; C. Carey, T. Birnbaum for defendant. Defendant's # 16 Motion to Stay is granted in part and denied in part as stated on the record and in the attached Minute Order. A conference will be held on 9/20/2013 following the parties' oral argument before Judge Dearie. (FTR: 10:09 - 11:18). (Albertsen, Joanne)
July 12, 2013 Filing 40 NOTICE of Appearance by Colleen Michelle Carey on behalf of British Airways, PLC (UK) (aty to be noticed) (Carey, Colleen)
July 12, 2013 Filing 39 NOTICE of Appearance by Timothy H. Birnbaum on behalf of British Airways, PLC (UK) (aty to be noticed) (Birnbaum, Timothy)
July 10, 2013 Filing 38 MOTION to Adjourn Conference by British Airways, PLC (UK). (Hans, Richard)
July 10, 2013 Opinion or Order ORDER granting # 38 Motion to Adjourn Conference: Conference on 07/19/2013 adjourned to 07/26/2013 at 10:00 a.m. Ordered by Magistrate Judge Marilyn D. Go on 7/10/2013. (Hugh, Lewis)
July 8, 2013 Opinion or Order SCHEDULING ORDER: A status conference will be held on 7/19/2013 at 11:30 a.m. Ordered by Magistrate Judge Marilyn D. Go on 7/8/2013. (Albertsen, Joanne)
June 20, 2013 Opinion or Order ELECTRONIC REVISED SCHEDULING ORDER: re # 37 Letter, filed by Cody Rank, Jonathan Stone, Suzette Perry, Russel Dover. Please note that Oral Argument that was previously scheduled for 8/28/13 has been rescheduled to 9/20/2013 at 12:00 PM in Courtroom 10A South before Judge Raymond J. Dearie. So Ordered by Judge Raymond J. Dearie on 6/20/2013. (Mulqueen, Ellen)
June 19, 2013 Filing 37 Letter to Honorable Raymond J. Dearie requesting an adjournment of the oral argument scheduled for 8/28/13 by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Diamand, Nicholas) Modified on 6/20/2013 to add description of document (Chee, Alvin).
June 17, 2013 Opinion or Order Filing 36 ORDER denying # 34 Motion for Leave to File Sur-Reply: Enough! No additional briefing unless I ask for it. Ordered by Judge Raymond J. Dearie on 6/17/2013. (Chee, Alvin)
June 14, 2013 Filing 35 RESPONSE in Opposition re # 34 MOTION for Leave to File a Sur-Reply in Opposition to British Airway PLC (UK)'s Motion to Stay Discovery Pending Resolution of Motion to Dismiss filed by British Airways, PLC (UK). (Hans, Richard)
June 14, 2013 Opinion or Order ELECTRONIC SCHEDULING ORDER: re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). Counsel are advised that Oral Argument is scheduled for 8/28/2013 at 12:00 PM in Courtroom 10A South before Judge Raymond J. Dearie. Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 6/14/2013. (Mulqueen, Ellen)
June 13, 2013 Filing 34 MOTION for Leave to File a Sur-Reply in Opposition to British Airway PLC (UK)'s Motion to Stay Discovery Pending Resolution of Motion to Dismiss by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Cuthbertson, Douglas)
June 7, 2013 Filing 33 MEMORANDUM in Support re # 16 MOTION to Stay Discovery filed by British Airways, PLC (UK). (Hans, Richard)
June 7, 2013 Filing 32 REPLY in Support re # 16 MOTION to Stay Discovery filed by British Airways, PLC (UK). (Attachments: # 1 Exhibits A to D) (Hans, Richard)
June 7, 2013 Filing 31 MEMORANDUM in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Hans, Richard)
June 7, 2013 Filing 30 REPLY in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Attachments: # 1 Exhibit A) (Hans, Richard)
June 7, 2013 Filing 29 REPLY in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Attachments: # 1 Exhibits 1 to 4) (Hans, Richard)
June 7, 2013 Filing 28 AFFIDAVIT/DECLARATION in Opposition re # 23 Motion to Dismiss for Failure to State a Claim by British Airways, PLC (UK) filed by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Exhibit A - Delta website screen shots, # 2 Exhibit B - Public data on fuel prices, # 3 Exhibit C - English Law Opinion of Andrew Sutcliffe QC, # 4 Exhibit D - Abbott Laboratories, # 5 Exhibit E - Anglo Continental Educational Group (GB) Ltd, # 6 Exhibit F - Association of British Travel Agents Ltd, # 7 Exhibit G - Extracts from Chitty on Contracts, # 8 Exhibit H - City Alliance Ltd, # 9 Exhibit I - Green, # 10 Exhibit J - Investors Compensation Scheme Ltd, # 11 Exhibit K - John Lee & Son (Grantham) Ltd, # 12 Exhibit L - Lexi Holdings Plc, # 13 Exhibit M - Mid Essex Hospital Services NHS Trust, # 14 Exhibit N - Perrylease Ltd., # 15 Exhibit O - Phillips, # 16 Exhibit P - R v Edmundson, # 17 Exhibit Q - Rickerby, # 18 Exhibit R - Robertson, # 19 Exhibit S - Sandiman, # 20 Exhibit T - Thames and Mersey Marine Insurance Co Ltd, # 21 Exhibit U - Wright d. Burrill, # 22 Exhibit V - Yam Seng Pte Limited) (Cuthbertson, Douglas)
June 7, 2013 Filing 27 MEMORANDUM in Opposition re # 23 Motion to Dismiss for Failure to State a Claim by British Airways, PLC (UK) filed by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Cuthbertson, Douglas)
June 7, 2013 Filing 26 MEMORANDUM in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Hans, Richard)
June 7, 2013 Filing 25 AFFIDAVIT/DECLARATION in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Attachments: # 1 Exhibits 1 to 28, # 2 Exhibit 29, # 3 Exhibits 30 to 31) (Hans, Richard)
June 7, 2013 Filing 24 AFFIDAVIT/DECLARATION in Support re # 23 Motion to Dismiss for Failure to State a Claim filed by British Airways, PLC (UK). (Hans, Richard)
June 7, 2013 Filing 23 Motion to Dismiss for Failure to State a Claim by British Airways, PLC (UK). (Hans, Richard)
May 24, 2013 Filing 22 AFFIDAVIT/DECLARATION in Opposition re # 16 MOTION to Stay Discovery Pending Resolution of its Motion to Dismiss filed by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Attachments: # 1 Exhibit A - Sutcliffe Opinion, # 2 Exhibit B - Plaintiffs' Motion to Dismiss Opposition Brief, # 3 Exhibit C - Emails with British Airways' counsel, # 4 Exhibit D - 30(b)(6) Notices, # 5 Exhibit E - Requests for Production, # 6 Exhibit F - Interrogatories, # 7 Exhibit G - March 5, 2013 Hrg. Tr.) (Cuthbertson, Douglas)
May 24, 2013 Filing 21 MEMORANDUM in Opposition re # 16 MOTION to Stay Discovery Pending Resolution of its Motion to Dismiss filed by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Cuthbertson, Douglas)
May 10, 2013 Filing 20 Letter Pursuant to Judge Dearie's Individual Motion Practices Rule III. D. 1 (re: Opposition to Motion to Dismiss) by Russel Dover (Stellings, David)
May 10, 2013 Filing 19 Corporate Disclosure Statement by British Airways, PLC (UK) identifying Corporate Parent International Consolidated Airlines Group, S.A., Other Affiliate Banco Financiero y de Ahorro, S.A. for British Airways, PLC (UK). (Hans, Richard)
May 10, 2013 Filing 18 MEMORANDUM in Support re # 16 MOTION to Stay Discovery filed by British Airways, PLC (UK). (Hans, Richard)
May 10, 2013 Filing 17 AFFIDAVIT/DECLARATION in Support re # 16 MOTION to Stay Discovery filed by British Airways, PLC (UK). (Attachments: # 1 Exhibits A to L, # 2 Exhibit M (Part 1 of 3), # 3 Exhibit M (Part 2 of 3), # 4 Exhibit M (Part 3 of 3)) (Hans, Richard)
May 10, 2013 Filing 16 MOTION to Stay Discovery by British Airways, PLC (UK). (Hans, Richard)
April 23, 2013 Filing 15 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 5, 2013, before Judge Dearie. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2013. Redacted Transcript Deadline set for 5/24/2013. Release of Transcript Restriction set for 7/22/2013. (Tolkin, Ronald)
April 12, 2013 Opinion or Order SCHEDULING ORDER: In light of the new briefing schedule, the conference set for May 10, 2013 is canceled and will be rescheduled if necessary. Ordered by Magistrate Judge Marilyn D. Go on 4/12/2013. (Abdallah, Fida)
April 10, 2013 ELECTRONIC ORDER granting # 14 joint Motion for Extension of Time to File. Plaintiffs' Opposition to Motion to Dismiss and Defendant's Motion to Stay Discovery due 5/10/13. Plaintiffs' Opposition to Motion to Stay Discovery due 5/24/13. Defendant's Reply supporting its Motion to Dismiss and its Motion to Stay Discovery due 6/7/13. SO ORDERED. Hon. Raymond J. Dearie on 4/10/13. (Itaya, Catherine)
April 10, 2013 Email Notification Test - DO NOT REPLY (Lee, Tiffeny)
April 9, 2013 Filing 14 Letter MOTION for Extension of Time to File Motion to Dismiss Briefing and Motion to Stay Discovery Briefing by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone. (Cuthbertson, Douglas)
March 26, 2013 Filing 13 Letter Pursuant to Judge Dearie's Individual Motion Practices Rule III. D. 1 (re: Motion to Dismiss) by British Airways, PLC (UK) (Hans, Richard)
March 6, 2013 Opinion or Order SCHEDULING ORDER: Judge Go will address defendant's anticipated motion to stay. A hearing will be held to address the motion on 5/10/2013 at 10:00 a.m. in Courtroom 11C. Ordered by Magistrate Judge Marilyn D. Go on 3/6/2013. (Albertsen, Joanne)
March 5, 2013 Filing 12 Minute Entry for proceedings held before Judge Raymond J. Dearie: Pre Motion Conference held on 3/5/2013. Counsel for parties present. Case called for pre-motion conference regarding defendant's anticipated motion to dismiss. Parties will agree upon a briefing schedule. Defense counsel requests discovery be stayed pending the motion to dismiss. Court will confer with Magistrate Judge Go. Parties will be advised as to this discovery request. Parties will proceed to a status conference before MJ Go at the conclusion of this conference and report back to Court to confirm agreed upon briefing schedule. Parties return to Court and advise that they have agreed upon following briefing schedule: defendant's motion to dismiss due 3/26/13; plaintiff's opposition and defendant's motion to stay discovery due 4/19/13; reply due 5/3/13. Counsel are advised to follow Judge Dearie's motion practice rules. Oral argument will be scheduled when motion is fully briefed. (Court Reporter: Ron Tolkin.) (Chee, Alvin)
March 5, 2013 Filing 11 NOTICE of Appearance by Douglas Ian Cuthbertson on behalf of Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (notification declined or already on case) (Cuthbertson, Douglas)
March 5, 2013 Minute Entry for proceedings held before Magistrate Judge Marilyn D. Go: Status Conference held on 3/5/2013. Appearances by D. Stellings, J. Litchman; N. Diamand for plaintiffs; K. Gordon, R. Hans, D. Sack for defendant. The parties shall confer on a proposed briefing schedule for defendant's motion to stay discovery, which may be made after exchange of initial submissions in connection with defendant's motion to dismiss. Plaintiffs may serve discovery requests, which may be considered in connection with any motion for a stay. A conference to discuss the stay motion and any discovery schedule will be set at a later date. (Abdallah, Fida)
February 28, 2013 Opinion or Order SCHEDULING ORDER: the parties are directed to appear in the chambers of Judge Go for a conference immediately following the pre-motion conference with Judge Dearie on 3/5/13 at 2:30 p.m. Ordered by Magistrate Judge Marilyn D. Go on 2/28/2013. (Proujansky, Josh)
February 20, 2013 ELECTRONIC NOTICE TO ATTORNEYS: PLEASE NOTE THAT DUE TO THE UNAVAILABILITY OF THE COURT ON THE MORNING OF MARCH 5, 2013, THE TIME OF THE PRE MOTION CONFERENCE PREVIOUSLY SCHEDULED FOR 11:00AM HAS BEEN MOVED TO 2:30PM. ALL COUNSEL HAVE CONFIRMED THEIR AVAILABILITY. (Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435) (Mulqueen, Ellen)
February 8, 2013 Opinion or Order ELECTRONIC SCHEDULING ORDER: re # 9 Letter filed by British Airways, PLC (UK), # 10 Letter filed by Cody Rank, Jonathan Stone, Suzette Perry, Russel Dover. Counsel are advised that a Pre Motion Conference is scheduled for 3/5/2013 at 11:00 AM in Courtroom 10A South before Judge Raymond J. Dearie. Should counsel have any questions, they are advised to phone Ms. Mulqueen at 718-613-2435. So Ordered by Judge Raymond J. Dearie on 2/8/2013. (Mulqueen, Ellen)
February 7, 2013 Filing 10 Letter responding to Defendant's request for a Pre-Motion Hearing by Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Lichtman, Jason)
February 6, 2013 Incorrect Entry: Order re moving for default judgment, doc #10, entered in error. It is to be disregarded and has since been removed from the docket. (Abdallah, Fida)
February 4, 2013 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Raymond J. Dearie for all further proceedings. Judge Margo K. Brodie no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 2/4/2013. (Bowens, Priscilla)
January 31, 2013 Filing 9 Letter to the Hon. Judge Brodie requesting a Pre-Motion Hearing by British Airways, PLC (UK) (Gordon, Keara)
January 24, 2013 Filing 8 NOTICE of Appearance by Keara M. Gordon on behalf of British Airways, PLC (UK) (aty to be noticed) (Gordon, Keara)
December 27, 2012 Filing 7 NOTICE of Appearance by David Victor Sack on behalf of British Airways, PLC (UK) (aty to be noticed) (Sack, David)
December 26, 2012 Opinion or Order ORDER TO ANSWER: The # 6 Stipulation extending defendant's time to answer or otherwise respond to the complaint until 1/31/2013 is "So Ordered." Answer due 1/31/13. Ordered by Magistrate Judge Marilyn D. Go on 12/26/2012. (Abdallah, Fida)
December 21, 2012 Filing 6 STIPULATION extending time for Defendant to answer, move, or otherwise respond with respect to the Class Action Complaint by British Airways, PLC (UK), Russel Dover, Suzette Perry, Cody Rank, Jonathan Stone (Attachments: # 1 Letter to The Honorable Margo K. Brodie RE: Stipulation Extending Time.) (Hans, Richard)
December 21, 2012 Filing 5 NOTICE of Appearance by Richard Francis Hans on behalf of British Airways, PLC (UK) (aty to be noticed) (Hans, Richard)
November 20, 2012 Filing 4 SUMMONS Returned Executed by Cody Rank, Russel Dover, Suzette Perry, Jonathan Stone. British Airways, PLC (UK) served on 11/19/2012, answer due 12/10/2012. (Lichtman, Jason)
November 13, 2012 Filing 3 Summons Issued as to British Airways, PLC (UK). (Bowens, Priscilla)
November 13, 2012 FILING FEE: $ 350.00, receipt number 02075839119. (Lee, Tiffeny)
November 9, 2012 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
November 9, 2012 Filing 1 COMPLAINT against British Airways, PLC (UK) Disclosure Statement on Civil Cover Sheet completed -no,, filed by Cody Rank, Russel Dover, Suzette Perry, Jonathan Stone. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla)
November 9, 2012 The case of Dover et al v. British Airways, PLC (UK) , has been opened in the Eastern District of New York. The case number is 12cv5567 . PLEASE NOTE: You must pay the case filing fee within seven (7) days . Select the event (Civil Case Filing Fee) and pay online. (Bowens, Priscilla)

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Search for this case: Dover et al v. British Airways, PLC (UK)
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Plaintiff: Russel Dover
Represented By: Douglas Ian Cuthbertson
Represented By: Nicholas Robert Diamand
Represented By: Jason Louis Lichtman
Represented By: Daniel Loblowitz
Represented By: Mark Schlachet
Represented By: David S. Stellings
Represented By: Fiona Stewart
Represented By: Clive Zietman
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Plaintiff: Henry Horsey
Represented By: Douglas Ian Cuthbertson
Represented By: Nicholas Robert Diamand
Represented By: Jason Louis Lichtman
Represented By: Daniel Loblowitz
Represented By: Mark Schlachet
Represented By: David S. Stellings
Represented By: Fiona Stewart
Represented By: Clive Zietman
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Plaintiff: Suzette Perry
Represented By: Douglas Ian Cuthbertson
Represented By: Nicholas Robert Diamand
Represented By: Jason Louis Lichtman
Represented By: Daniel Loblowitz
Represented By: Mark Schlachet
Represented By: David S. Stellings
Represented By: Fiona Stewart
Represented By: Clive Zietman
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Plaintiff: Cody Rank
Represented By: Douglas Ian Cuthbertson
Represented By: Nicholas Robert Diamand
Represented By: Jason Louis Lichtman
Represented By: Daniel Loblowitz
Represented By: Mark Schlachet
Represented By: David S. Stellings
Represented By: Fiona Stewart
Represented By: Clive Zietman
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Plaintiff: Jonathan Stone
Represented By: Douglas Ian Cuthbertson
Represented By: Nicholas Robert Diamand
Represented By: Jason Louis Lichtman
Represented By: Daniel Loblowitz
Represented By: Mark Schlachet
Represented By: David S. Stellings
Represented By: Fiona Stewart
Represented By: Clive Zietman
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Plaintiff: Dover
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Defendant: British Airways, PLC (UK)
Represented By: Timothy H. Birnbaum
Represented By: Colleen Michelle Carey
Represented By: Edwin R. Cortes
Represented By: Keara M. Gordon
Represented By: Richard Francis Hans
Represented By: David Victor Sack
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