Bank v. Caribbean Cruise Line, Inc.
| Todd C. Bank and Bank |
| Caribbean Cruise Line, Inc. |
| Grant Birchmeier |
| 1:2012cv05572 |
| November 8, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| John Gleeson |
| Vera M Scanlon |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 30, 2014. A more recent docket listing may be available from PACER.
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #100 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 100 NOTICE OF APPEAL by Todd C. Bank. Filing fee $ 505, receipt number 0207-7418553. (Bank, Todd) |
Filing 99
CONSENT JUDGMENT : Defendant Caribbean Cruise Line, Inc. ("CCL") is liable to plaintiff Todd C. Bank in the total sum of $3,000.00, with recoverable costs then accrued up to the date of this Judgment. CCL is hereby enjoined from calling the plaintiffs resident ial telephone number in a manner that violates 47 U.S.C. 227(b)(l)(B) and 47 C.F.R. 64.1200(a)(2). Ordered by Judge John Gleeson on 11/25/2014. (Lee, Tiffeny)
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| Minute Entry and Order for proceedings held before Judge John Gleeson: Case called. Pro Se Plaintiff Todd C. Banks, Esq. present. Defendants represented by Jeffrey Backman, Esq. Oral Argument held on 11/24/2014 re #83 MOTION to Dismiss filed by Caribbean Cruise Line, Inc., #75 MOTION to Amend/Correct/Supplement #1 Complaint filed by Todd C. Bank, and #78 MOTION to Amend/Correct/Supplement #1 Complaint filed by Todd C. Bank. The Court has DENIED the pro se plaintiff's request to amend his complaint and has GRANTED the defendant's motion to dismiss together with the additional conditions requested for by the pro se plaintiff. The reasons are as stated into the record today. The Court will issue a separate order and consent judgment closing out this case. The jury selection and trial date on 1/12/2015 is hereby canceled. (Court Reporter Anthony Mancuso.) (Lee, Ilene) |
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ORDER granting #96 Motion to Continue: Defendant's motion to continue the trial date is granted. Trial will now be held starting Monday, January 12, 2015, at 9:30 a.m. in Courtroom 6C South. The parties are still expected to appear for a final pre-trial conference and oral argument on the motions to amend and dismiss on Monday, November 24, 2014, at 11:00 a.m. in Courtroom 6C South. Ordered by Judge John Gleeson on 11/19/2014. (Levin, Sarah)
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| Filing 98 RESPONSE to Motion re #96 Letter MOTION to Continue Trial Date filed by Todd C. Bank. (Bank, Todd) |
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ORDER temporarily denying #96 Motion to Continue: It is not clear from defendant's letter what Bank's position is on defendant's request to continue the trial date. Bank is directed to state his position on the request by 5 pm tomorrow, November 19, 2014. Ordered by Judge John Gleeson on 11/18/2014. (Levin, Sarah)
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| Filing 97 REPLY in Support re #83 MOTION to Dismiss filed by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 96 Letter MOTION to Continue Trial Date by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
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ORDER granting #89 Motion for Extension of Time to File Response/Reply. Defendant's reply is now due on Monday, November 17, 2014. Ordered by Judge John Gleeson on 11/17/2014. (Levin, Sarah)
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| Filing 95 PRETRIAL MEMORANDUM by Caribbean Cruise Line, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 94 Fifth MOTION in Limine to Preclude Plaintiff from Presenting Any Evidence as to Any Theory of Vicarious Liability by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 93 Fourth MOTION in Limine to Preclude Plaintiff's Use of Ooma Spreadsheet at Trial by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
| Filing 92 Third MOTION in Limine to Preclude Plaintiff's Use of Recordings at Trial and of Evidence Relating to Subsequent Telephone Calls by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
| Filing 91 Second MOTION in Limine to Preclude Plaintiff's Use of the Deposition Transcript of Jennifer Poole taken in Connection with a Prior, Unrelated Lawsuit by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
| Filing 90 First MOTION in Limine to Preclude Plaintiff's Proposed Witnesses from Testifying by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 89 MOTION for Extension of Time to File Response/Reply in Support of CCL's Motion to Dismiss by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 88 NOTICE by Todd C. Bank (pre-trial statement) (Bank, Todd) |
| Filing 87 MEMORANDUM in Opposition filed by Todd C. Bank. (Bank, Todd) |
| Filing 86 MEMORANDUM in Support re #78 MOTION to Amend/Correct/Supplement #1 Complaint [Reply Memorandum of Law] filed by Todd C. Bank. (Bank, Todd) |
| Filing 85 REPLY to Response to Motion re #78 MOTION to Amend/Correct/Supplement #1 Complaint filed by Todd C. Bank. (Attachments: #1 Exhibit A) (Bank, Todd) |
| Filing 84 Proposed Pretrial Order by Caribbean Cruise Line, Inc. (Backman, Jeffrey) |
| Filing 83 MOTION to Dismiss by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A - Offer of Judgment) (Backman, Jeffrey) |
| Filing 82 RESPONSE in Opposition re #78 MOTION to Amend/Correct/Supplement #1 Complaint filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
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ORDER denying #81 Motion for Pre Motion Conference: The Court finds that no pre-motion conference is necessary. Defendants' motion shall be filed on or before Friday, October 24, 2014; Plaintiff's opposition papers shall be filed on or before Friday, November 7, 2014; and Defendants' reply, if any, shall be filed on or before Friday, November 14, 2014. Oral argument will be held on Monday, November 24, 2014, at 11:00 a.m. before Judge John Gleeson in Courtroom 6C. The oral argument on the Motion to Amend #75 and final pre-trial conference are adjourned and will now also be held on Monday, November 24, 2014, at 11:00 a.m. Ordered by Judge John Gleeson on 10/10/2014. (Levin, Sarah)
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| Filing 81 Letter MOTION for pre motion conference re Motion to Dismiss by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit) (Backman, Jeffrey) |
| Filing 80 NOTICE by Todd C. Bank re #79 Affidavit in Support of Motion, #78 MOTION to Amend/Correct/Supplement #1 Complaint [Memorandum of Law; system would not allow document to be filed under correct title] (Bank, Todd) |
| Filing 79 AFFIDAVIT/DECLARATION in Support re #78 MOTION to Amend/Correct/Supplement #1 Complaint filed by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bank, Todd) |
| Filing 78 MOTION to Amend/Correct/Supplement #1 Complaint by Todd C. Bank. (Bank, Todd) |
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ORDER granting #77 Motion to Continue: Defendant's motion to reschedule the November, 7, 2014, oral argument on Plaintiff's motion to amend is granted. The oral argument will now be held on Monday, November 10, 2014, at 10:00 a.m., in Courtroom 6C. Ordered by Judge John Gleeson on 9/30/2014. (Levin, Sarah)
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| Filing 77 Letter MOTION to Continue Oral Argument on Plaintiffs to-be-filed Motion for Leave to Amend Complaint by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
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ORDER: The Court has determined that a pre-motion conference is not necessary for plaintiff's proposed motion to amend #75 . Plaintiff's motion shall be filed by Tuesday, October 7, 2014; Defendant's opposition shall be filed by Tuesday, October 21, 2014; and Plaintiff's reply, if any, shall be filed by Tuesday, October 28, 2014. Argument on the motion will be held on Friday, November 7, 2014, at 10:00 a.m. Ordered by Judge John Gleeson on 9/22/2014. (Levin, Sarah)
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| Filing 76 RESPONSE to Motion re #75 MOTION to Amend/Correct/Supplement #1 Complaint filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
| Filing 75 MOTION to Amend/Correct/Supplement #1 Complaint by Todd C. Bank. (Bank, Todd) |
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SCHEDULING ORDER: The parties are to appear for a Final Pre Trial Conference on November 13, 2014 at 11:00 AM in courtroom 6C South before Judge John Gleeson. Ordered by Judge John Gleeson on 9/4/2014. (Lee, Ilene)
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ORDER granting #74 Motion for Extension of Time to File. The Joint Pretrial Order shall be filed on or before October 26, 2014. Jury selection and trial shall commence on December 1, 2014, at 9:30 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 9/4/2014. (Herling, Adam)
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| Filing 74 MOTION for Extension of Time to File Joint PreTrial Order and/or for Clarification by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit) (Backman, Jeffrey) |
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Filing 73
ORDER: For the reasons set forth in the attached memorandum and order, the #60 Motion to Certify Class is denied. Ordered by Judge John Gleeson on 8/27/2014. (Herling, Adam)
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ORDER: In light of the Court's #73 memorandum and order denying class certification, Birchmeier's #72 motion to intervene is denied as moot. Ordered by Judge John Gleeson on 8/27/2014. (Herling, Adam)
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| Case Reassigned to Magistrate Judge Vera M. Scanlon. Magistrate Judge Robert M. Levy no longer assigned to the case. (Marziliano, August) |
| Filing 72 Notice of MOTION to Intervene by Grant Birchmeier. (Attachments: #1 Memorandum in Support, #2 Exhibit Order Granting Class Certification) (Wurgaft, Matthew) |
| Minute Entry for proceedings held before Judge John Gleeson: Case called. Plaintiff represented by pro se attorney, Todd C. Bank, Esq., present in court. Defendants represented by Jeffrey Backman, Esq. Oral Argument held on 8/22/2014 re #60 MOTION to Certify Class filed by Todd C. Bank. The Court's decision is reserved and will be filed via ECF separately. (Court Reporter Anthony Frisolone.) (Lee, Ilene) |
| Filing 71 NOTICE by Caribbean Cruise Line, Inc. re #66 Response in Opposition to Motion, Memorandum in Opposition,,,, of Filing Supplemental Exhibit (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
| Filing 70 NOTICE by Caribbean Cruise Line, Inc. Notice of Filing (Attachments: #1 Memorandum Opinion and Order Granting Plaintiffs Motion for Class Certification in Birschmeier v. CCL., Case No. 1:12-cv-04069) (Backman, Jeffrey) |
| Filing 69 NOTICE by Todd C. Bank re #68 Reply to Response to Motion [systen would not allow document to be filed under the correct classification] (Bank, Todd) |
| Filing 68 REPLY to Response to Motion re #60 MOTION to Certify Class filed by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Bank, Todd) |
| Filing 67 DECLARATION re #66 Response in Opposition to Motion, Memorandum in Opposition,,,, of Jaye Keckeis by Caribbean Cruise Line, Inc. (Backman, Jeffrey) |
| Filing 66 RESPONSE in Opposition re #60 MOTION to Certify Class , MEMORANDUM in Opposition re #60 MOTION to Certify Class filed by Caribbean Cruise Line, Inc.. (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 Declaration of Raul Valero, #19 Declaration of Jennifer Poole) (Backman, Jeffrey) |
| Filing 65 RESPONSE in Opposition re #60 MOTION to Certify Class , #63 Letter MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Certify Class filed by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 64 RESPONSE in Opposition re #63 Letter MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Certify Class filed by Todd C. Bank. (Bank, Todd) |
| Filing 63 Letter MOTION for Extension of Time to File Response/Reply as to #60 MOTION to Certify Class by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
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ORDER granting #63 Motion for Extension of Time to File Response/Reply. The revised briefing schedule shall be as follows: defendant's opposition shall be filed on or before August 6, 2014; plaintiff's reply, if any, shall be filed on or before August 18, 2014. Oral argument will be held as previously scheduled on August 22, 2014, at 11:30 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 8/1/2014. (Herling, Adam)
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| Filing 62 NOTICE by Todd C. Bank (attempts to file as a Memorandum generated an error message) (Bank, Todd) |
| Filing 61 AFFIDAVIT/DECLARATION in Support re #60 MOTION to Certify Class filed by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bank, Todd) |
| Filing 60 MOTION to Certify Class by Todd C. Bank. (Bank, Todd) |
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ORDER denying #57 Motion for Pre-Motion Conference. No pre-motion conference will be held for plaintiff's #57 proposed motion for class certification. The following schedule will apply: plaintiff's motion and supporting papers shall be filed on or before July 18, 2014; defendant's response shall be filed on or before August 1, 2014; plaintiff's reply, if any, shall be filed on or before August 8, 2014. Oral argument will be held on August 22, 2014, at 11:30 AM in Courtroom 6C South. Ordered by Judge John Gleeson on 7/3/2014. (Herling, Adam)
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| Filing 59 TRANSCRIPT of Proceedings held on May 27, 2014, before Judge Levy. 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 7/23/2014. Redacted Transcript Deadline set for 8/4/2014. Release of Transcript Restriction set for 9/30/2014. (Rocco, Christine) |
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ORDER REASSIGNING CASE. Case reassigned to Judge John Gleeson for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case. Ordered by Chief Judge Carol Bagley Amon on 7/1/2014. (Davis, Kimberly)
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| Filing 58 RESPONSE in Opposition re #57 MOTION for pre motion conference filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
| Filing 57 MOTION for pre motion conference by Todd C. Bank. (Bank, Todd) |
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ORDER. Plaintiff has submitted for in camera review an unredacted copy of his notes relating to telephone calls discussed at the hearing held on 5/27/14. I have reviewed the proposed redactions and find that they are privileged, in that they were created in anticipation of litigation and reflect attorney's thought processes. They are not highly material to the case. Accordingly, they need not be produced. Ordered by Magistrate Judge Robert M. Levy on 6/4/2014. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Jeffrey Backman, Todd Bank. (1) By 6/3/14 plaintiff shall produce the redacted notes of the 8/15/12 and 8/21/12 phone calls listed on the OOMA log, as well as a privilege log. By 6/3/14 plaintiff shall produce for in camera review his unredacted notes from these calls, with the proposed redactions highlighted, accompanied by a legal justification for the redactions. 2) The motions in DKT 49 and 50 were resolved at the hearing and are now moot. Motion Hearing held on 5/27/2014 re #47 MOTION to Compel filed by Caribbean Cruise Line, Inc., #48 MOTION to Strike filed by Caribbean Cruise Line, Inc., #49 MOTION for Sanctions filed by Caribbean Cruise Line, Inc. (Tape #4:07-4:58.) (Levy, Robert) |
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ORDER granting in part and #47 Motion to Compel, with notes to be submitted for in camera review as explained at 5/27/14 hearing. Ordered by Magistrate Judge Robert M. Levy on 5/27/2014. (Levy, Robert)
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Order Certifying Discovery is complete. Mr. Bank will renew his request for a premotion conference before Judge Vitaliano. Ordered by Magistrate Judge Robert M. Levy on 5/27/2014. (Levy, Robert)
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ORDER terminating #49 Motion for Sanctions as resolved at 5/27/14 hearing. Ordered by Magistrate Judge Robert M. Levy on 5/27/2014. (Levy, Robert)
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ORDER terminating #48 Motion to Strike as resolved at 5/27/14 hearing. Ordered by Magistrate Judge Robert M. Levy on 5/27/2014. (Levy, Robert)
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ORDER: An in-person conference has been scheduled for May 27, 2014 at 4:00 p.m., before the Hon. Robert M. Levy, USMJ in Courtroom 11-B. Parties may request to appear by telephone. Ordered by Magistrate Judge Robert M. Levy on 5/15/2014. (Marino, Janine)
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ORDER denying #44 Motion for Pre Motion Conference. Plaintiff's request is denied with leave to renew upon completion of discovery. Ordered by Judge Eric N. Vitaliano on 5/6/2014. (Hanly, Elizabeth)
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| Filing 56 Letter regarding Defendant's replies (Dkt. Nos. 53, 54, and 55) by Todd C. Bank (Attachments: #1 Exhibit A - Caruso v. Target Corp., No. 12-cv-2341-JFB-ARL (E.D.N.Y. May 22, 2013), #2 Exhibit B- Filippi v. Elmont Union Free Sch. Dist. Bd. of Ed., No. 09-cv-4675-JFB-ARL (E.D.N.Y. Sept. 12, 2011), #3 Supplement C - Kwiatkowski v. City of New York, No. 05-cv-1893-ERK-VVP (E.D.N.Y. Jan. 11, 2006)) (Bank, Todd) |
| Filing 55 REPLY in Support re #49 MOTION for Sanctions filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 54 REPLY in Support re #48 MOTION to Strike filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
| Filing 53 REPLY in Support re #47 MOTION to Compel filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
| Filing 52 NOTICE by Todd C. Bank re #49 MOTION for Sanctions in opposition to Motion at Dkt. No. 49 (ECF system was rejected my earlier attempted filing) (Bank, Todd) |
| Filing 51 Letter in opposition to Motion at Dkt. No. 48 (ECF system was rejected my earlier attempted filing) by Todd C. Bank (Bank, Todd) |
| Filing 50 RESPONSE in Opposition re #47 MOTION to Compel filed by Todd C. Bank. (Bank, Todd) |
| Filing 49 MOTION for Sanctions by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 48 MOTION to Strike by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Backman, Jeffrey) |
| Filing 47 MOTION to Compel by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Backman, Jeffrey) |
| Filing 46 TRANSCRIPT of Proceedings held on 2/27/14, before Judge Levy. 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. Redaction Request due 4/8/2014. Redacted Transcript Deadline set for 4/18/2014. Release of Transcript Restriction set for 6/16/2014. (Hong, Loan) |
| Filing 45 RESPONSE in Opposition re #44 MOTION for pre motion conference filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A) (Backman, Jeffrey) |
| Filing 44 MOTION for pre motion conference by Todd C. Bank. (Bank, Todd) |
| Filing 42 Letter dated 2/19/14 to Magistrate Levy from Todd C. Bank, Esq. re Court's Minute entry dated 1/22/14. (Fernandez, Erica) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd Bank, Jeffrey Backman. Discovery Hearing held on 2/27/2014 (Tape #2:43-3:03.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd Bank, Jeffrey Backman. Rulings at deposition.Discovery Hearing held on 2/26/2014 (Tape #10:48-10:59.) (Levy, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd Bank, Jeffrey Backman. More rulings at a deposition.Discovery Hearing held on 2/26/2014 (Tape #12:58-1:13.) (Levy, Robert) |
| Filing 41 DECLARATION re Motion Hearing,,,,,,,,,,,,, of Jeffrey A. Backman, Esq. by Caribbean Cruise Line, Inc. (Backman, Jeffrey) |
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ORDER granting in part and denying in part #28 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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ORDER resolving #26 Motion to Compel as explained on the record at the 1/22/14 hearing. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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ORDER granting in part and denying in part #30 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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ORDER granting #32 Motion for Hearing. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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ORDER granting in part and denying in part #33 Motion to Stay; granting in part and denying in part #33 Motion to Quash. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd Bank, Esq., pro se; Jeffrey Backman. All 6 outstanding discovery motions have been resolved. Each ruling was made on the record. A summary of some of the rulings follows. (1) Plaintiff's deposition will be held on 2/26/14. No adjournments without the court's express written approval. (2) The discovery deadline is extended to 2/26/14. Except for limited follow-up discovery requests for documents or information arising from the deposition, no further discovery will be permitted. (3) Plaintiff has waived the 30(b)6) deposition of the corporate defendant. (4) Defendant shall submit a declaration that it has deleted the telephone records it received in response to a subpoena to Ooma and that it has retained no copies or portions of copies of such records. Defendant shall forward a complete copy of the subpoenaed records to plaintiff and to the court. The records sent to the court will be contained in a sealed envelope with the instruction not to open unless there is a discovery dispute concerning the records. Plaintiff will then redact the telephone numbers of family, friends, medical providers and religious organizations and forward the redacted records to defendant's counsel. Plaintiff will also send to the court, in camera, the redacted production and a sealed list of numbers, identifying who they belong to and the category to which they belong. The court will maintain the list in the event of disputes. (5) With respect to DKT 30, defendant will briefly define the headings in columns A,B,C,D, and E, as explained at the conference. Additionally, defendant will identify the entity at 1170 Tree Swallow Drive and the type of goods or services it provides. With respect to Interrogatory 9, defendant will confirm that it has made full corporate disclosure, and supplement if necessary with respect to any of the entities listed in Interrogatory 9. (6) On or before 1/24/14, plaintiff will advise in a verified response whether he has withheld any information in response to the discovery requests in DKT 26-6 on the basis of privilege or any of the general objections plaintiff has asserted. (7) Next conference 2/27/14 at 2:30 (brief status conference)(tel). If discovery is complete and plaintiff is prepared to renew his request for a pre-motion conference with Judge Vitaliano on his class certification motion, the parties may request that the conference be adjourned.Motion Hearing held on 1/22/2014 re #31 MOTION to Compel Plaintiff to Produce Documents and Recordings Responsive to Discovery Requests and Order Regarding Plaintiff's Improper Conduct filed by Caribbean Cruise Line, Inc., #26 Second MOTION to Compel filed by Caribbean Cruise Line, Inc., #33 MOTION to Stay (motion for immediate stay of Defendant's subpoenas) MOTION to Quash Defendant's subpoenas filed by Todd C. Bank, #32 MOTION for Hearing on all Pending Discovery Motions filed by Caribbean Cruise Line, Inc., #28 MOTION to Compel Plaintiff to Attend Deposition filed by Caribbean Cruise Line, Inc., #30 MOTION to Compel filed by Todd C. Bank (Tape #3:33- 4:.) (Levy, Robert) |
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ORDER granting in part and denying in part #31 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 1/22/2014. (Levy, Robert)
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ORDER: The in-person conference scheduled for 1/22/13 at 3:30 p.m. will be held by telephone before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 1/21/2014. (Marino, Janine)
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ORDER: An in-person conference has been scheduled for January 22, 2014 at 3:30 p.m., before the Hon. Robert M. Levy, USMJ in Courtroom 11-B. Ordered by Magistrate Judge Robert M. Levy on 1/13/2014. (Marino, Janine)
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| Filing 40 NOTICE by Caribbean Cruise Line, Inc. re #26 Second MOTION to Compel of Filing (Attachments: #1 October 1, 2013 Transcript of Civil Cause for Hearing Before the Honorable Robert M. Levy United States Magistrate Judge) (Backman, Jeffrey) |
| Filing 39 TRANSCRIPT of Proceedings held on October 1, 2013, before Judge Levy. 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 1/28/2014. Redacted Transcript Deadline set for 2/7/2014. Release of Transcript Restriction set for 4/7/2014. (Rocco, Christine) |
| Filing 38 MOTION for pre motion conference regarding class certification by Todd C. Bank. (Bank, Todd) |
| Filing 37 RESPONSE to Motion re #33 MOTION to Stay (motion for immediate stay of Defendant's subpoenas) MOTION to Quash Defendant's subpoenas filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Backman, Jeffrey) |
| Filing 36 RESPONSE to Motion re #30 MOTION to Compel Discovery filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 35 Letter (cover letter regarding provision of copies of Document Nos. 29, 30, 33, and 34), by Todd C. Bank (Bank, Todd) |
| Filing 34 RESPONSE in Opposition re #31 MOTION to Compel Plaintiff to Produce Documents and Recordings Responsive to Discovery Requests and Order Regarding Plaintiff's Improper Conduct filed by Todd C. Bank. (Bank, Todd) |
| Filing 33 MOTION to Stay (motion for immediate stay of Defendant's subpoenas), MOTION to Quash Defendant's subpoenas by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Bank, Todd) |
| Filing 32 MOTION for Hearing on all Pending Discovery Motions by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 31 MOTION to Compel Plaintiff to Produce Documents and Recordings Responsive to Discovery Requests and Order Regarding Plaintiff's Improper Conduct by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Filing 30 MOTION to Compel by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Bank, Todd) |
| Filing 29 RESPONSE in Opposition re #28 MOTION to Compel Plaintiff to Attend Deposition filed by Todd C. Bank. (Bank, Todd) |
| Filing 28 MOTION to Compel Plaintiff to Attend Deposition by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Backman, Jeffrey) |
| Filing 27 RESPONSE in Opposition re #26 Second MOTION to Compel filed by Todd C. Bank. (Attachments: #1 Exhibit A) (Bank, Todd) |
| Filing 26 Second MOTION to Compel by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Backman, Jeffrey) |
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ORDER granting in part and denying in part #15 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 10/1/2013. (Levy, Robert)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd C. Bank, Esq.; Jeffrey Backman, Esq. Rulings made on record. All outstanding motions resolved. Discovery deadline 11/29/13. Pre-motion conference letter to Judge Vitaliano re: class certification shall be filed by 12/18/13.Motion Hearing held on 10/1/2013 re #15 MOTION to Compel filed by Caribbean Cruise Line, Inc., #24 MOTION to Compel filed by Todd C. Bank, #18 MOTION for Protective Order filed by Caribbean Cruise Line, Inc., #19 MOTION for Hearing re #18 MOTION for Protective Order filed by Caribbean Cruise Line, Inc., #16 MOTION for Hearing re #15 MOTION to Compel filed by Caribbean Cruise Line, Inc., #21 MOTION for Extension of Time to File to move for class certification filed by Todd C. Bank (Tape #3:13-4:46.) (Levy, Robert) |
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ORDER granting #16 Motion for Oral Argument on Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 8/20/13/2013. (Levy, Robert)
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ORDER granting #18 Motion for Protective Order as explained on the record. Ordered by Magistrate Judge Robert M. Levy on 10/1/2013. (Levy, Robert)
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ORDER granting #21 Motion for Extension of Time to File Class Certification Pre-Motion Conference letter to 12/18/13. Ordered by Magistrate Judge Robert M. Levy on 10/1/2013. (Levy, Robert)
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ORDER granting in part and denying in part #24 Motion to Compel. Ordered by Magistrate Judge Robert M. Levy on 10/1/2013. (Levy, Robert)
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ORDER granting #19 Motion for Hearing. Ordered by Magistrate Judge Robert M. Levy on 8/27/13. (Levy, Robert)
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| Filing 25 RESPONSE to Motion re #24 MOTION to Compel filed by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Backman, Jeffrey) |
| Filing 24 MOTION to Compel by Todd C. Bank. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D-1, #6 Exhibit D-2, #7 Exhibit D-3) (Bank, Todd) |
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ORDER: The oral argument scheduled for October 1, 2013 at 10:30 a.m. has been moved to 3:00 p.m. on the same date. Ordered by Magistrate Judge Robert M. Levy on 9/20/2013. (Marino, Janine)
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| Filing 23 REPLY to Response to Motion re #18 MOTION for Protective Order filed by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 22 Letter to The Honorable Eric N. Vitaliano pursuant to Scheduling Order dated April 19, 2013 by Caribbean Cruise Line, Inc. (Backman, Jeffrey) |
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ORDER RE #21 The parties are scheduled to appear before me on 10/01/12 at 10:30 a.m. All deadlines are extended to that date, at which time the Court will establish a revised schedule. Ordered by Magistrate Judge Robert M. Levy on 9/13/2013. (Marino, Janine)
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| Filing 21 MOTION for Extension of Time to File to move for class certification by Todd C. Bank. (Attachments: #1 Exhibit A) (Bank, Todd) |
| Filing 20 RESPONSE to Motion re #18 MOTION for Protective Order filed by Todd C. Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bank, Todd) |
| Filing 19 MOTION for Hearing re #18 MOTION for Protective Order by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 18 MOTION for Protective Order by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Backman, Jeffrey) |
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ORDER: Oral argument scheduled for October 1, 2013 at 10:30 a.m., before the Hon. Robert M. Levy, USMJ in Courtroom 11-B. Ordered by Magistrate Judge Robert M. Levy on 8/20/2013. (Marino, Janine)
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| Filing 17 RESPONSE to Motion re #15 MOTION to Compel filed by Todd C. Bank. (Attachments: #1 Exhibit A) (Bank, Todd) |
| Filing 16 MOTION for Hearing re #15 MOTION to Compel by Caribbean Cruise Line, Inc.. (Backman, Jeffrey) |
| Filing 15 MOTION to Compel by Caribbean Cruise Line, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Backman, Jeffrey) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Todd Bank, Jeffrey Backman. Scheduling order adopted. Discovery deadlines: 8/31/13 class certification; 12/31/13 merits. Pre-motion conference letter to Judge Vitaliano by 9/16/13. Next conference 10/1/13 at 10:30 (tel)(status and discussion of relationship with possibly related case before Judge Gleeson and Judge Scanlon).Initial Conference Hearing held on 4/19/2013 (Levy, Robert) |
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ORDER granting #14 Motion to Appear by Telephone. Ordered by Magistrate Judge Robert M. Levy on 4/18/2013. (Marino, Janine)
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| Filing 14 Motion to Appear by Telephone by Todd C. Bank. (Bank, Todd) |
| Filing 13 Corporate Disclosure Statement by Caribbean Cruise Line, Inc. identifying Corporate Parent Resort Marketing Holding, Inc. for Caribbean Cruise Line, Inc.. (Epstein, Richard) |
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Filing 12
ORDER: An initial conference has been scheduled for April 19, 2013 at 10:00 a.m., before the Hon Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff's counsel is directed to confirm with defendant's counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 3/14/2013. (Marino, Janine)
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| Filing 11 Letter enclosing updated certificate of good standing by Caribbean Cruise Line, Inc. (Bratter, Rebecca) |
| Filing 10 Letter enclosing updated certificate of good standing by Caribbean Cruise Line, Inc. (Epstein, Richard) |
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 2/1/2013. (Levy, Robert)
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 2/1/2013. (Levy, Robert)
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ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Robert M. Levy on 2/1/2013. (Levy, Robert)
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| Filing 9 Letter enclosing updated certificate of good standing by Caribbean Cruise Line, Inc. (Backman, Jeffrey) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5974891. by Caribbean Cruise Line, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Epstein, Richard) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5974036. by Caribbean Cruise Line, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Bratter, Rebecca) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5973820. by Caribbean Cruise Line, Inc.. (Attachments: #1 Affidavit, #2 Proposed Order) (Backman, Jeffrey) |
| Filing 5 CCL AFFIRMATIVE DEFENSES AND ANSWER to #1 Complaint by Caribbean Cruise Line, Inc.. (Imossi, Richard) |
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ORDER granting #4 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Robert M. Levy on 12/19/2012. (Marino, Janine)
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| Filing 4 Letter MOTION for Extension of Time to File Answer re #3 Summons Issued, #1 Complaint filed by Todd C. Bank by Caribbean Cruise Line, Inc.. (Attachments: #1 Affidavit in Opposition) (Imossi, Richard) |
| Filing 3 Summons Issued as to Caribbean Cruise Line, Inc.. (Sica, Michele) |
| 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Caribbean Cruise Line, Inc. Disclosure Statement on Civil Cover Sheet completed -No,, filed by Todd C. Bank. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
| FILING FEE: $ 350.00, receipt number 4653051185 (Davis, Kimberly) |
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