Houdet et al v. United States Tennis Association et al
| Stephane Houdet and Alan J. Rich |
| United States Tennis Association, Daniel Malasky, David Brewer, David Schobel, Jeremiah Yolkut, Harlan Stone, Gordon Smith, Chris Widmaier and John and Jane Doe |
| 1:2013cv05131 |
| September 13, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Lois Bloom |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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| Filing 36 USCA STATEMENT OF COSTS as to #32 Notice of Appeal filed by Stephane Houdet, Alan J. Rich. IT IS HEREBY ORDERED that costs are taxed in the amount of $211.40 in favor of the Defendants-Appellees. Certified Copy Issued: 2/22/16. (McGee, Mary Ann) |
| Filing 35 MANDATE of USCA as to #32 Notice of Appeal filed by Stephane Houdet, Alan J. Rich. It is Ordered that the judgment entered on December 4, 2014, is AFFIRMED. Issued as Mandate: 2/3/16. (McGee, Mary Ann) |
Filing 34
ORDER of USCA as to #32 Notice of Appeal filed by Stephane Houdet, Alan J. Rich. Appellants move to recall the mandate, to reinstate the appeal, and for leave to file supporting documents ex parte and under seal. IT IS ORDERED that the motion is GRANTED. Certified copy issued: 5/28/15 (McGee, Mary Ann)
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| Filing 33 MANDATE of USCA as to #32 Notice of Appeal filed by Stephane Houdet, Alan J. Rich Appellants move for removal of this case from the expedited appeals calendar and/or to extend the Appellants time to file the brief, and to file an oversized brief. Appellants also request leave to file certain confidential medical documents under seal and for in camera inspection. IT IS HEREBY ORDERED that the request for leave to file the medical documents under seal and for in camera inspection is GRANTED. The motion is DENIED in all other respects. Moreover, the appeal is dismissed effective March 27, 2015 for failure to file a Brief by that date. Issued as Mandate: 5/11/15. (McGee, Mary Ann) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #32 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 32 NOTICE OF APPEAL as to #27 Judgment, #26 Order on Motion to Dismiss for Failure to State a Claim by Stephane Houdet, Alan J. Rich. Filing fee $ 505, receipt number 0207-7429488. Appeal Record due by 1/5/2015. (Rich, Alan) |
| Filing 31 Letter by John and Jane Doe, Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut (Attachments: #1 Exhibit, #2 Exhibit) (Carton, Jeffrey) |
| Filing 30 REPLY in Support of Request to file oversize Brief in Support of Local Civil Rule 6.3 motion [note: we have just seen the Court's denial of the request but wish to enter this for the Court's consideration and for the record. Thank you.] filed by All Plaintiffs. (Rich, Alan) |
| Filing 29 RESPONSE in Opposition re #28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7403311. MOTION to Compel First MOTION for Leave to File Excess Pages on Motion to Renew filed by Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Sandolo, Joanna) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-7403311., MOTION to Compel , First MOTION for Leave to File Excess Pages on Motion to Renew by Stephane Houdet. (Rich, Alan) |
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ELECTRONIC ORDER: Denying Plaintiff's motion #28 for leave to appear Pro Hac Vice as being unnecessary; Denying Plaintiff's motion #28 to compel as premature and denying Plaintiff's motion #28 for leave to file excess pages. Plaintiff may serve and ECF file a motion and brief for reconsideration not to exceed 25 pages. Ordered by Judge Frederic Block on 12/17/2014. (Innelli, Michael)
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| Filing 27 JUDGMENT in favor of John and Jane Doe, United States Tennis Association, Chris Widmaier, Daniel Malasky, David Brewer, David Schobel, Gordon Smith, Harlan Stone, Jeremiah Yolkut against Alan J. Rich, Stephane Houdet. That Defts' motion to dismiss is granted; and that Pltffs shall recover nothing of the Defts. ( Ordered by Janet Hamilton, Deputy Clerk on 12/4/2014) c/m (Galeano, Sonia) |
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Filing 26
MEMORANDUM & ORDER: The defendants motion #17 to dismiss is GRANTED and the Clerk shall enter judgment. Ordered by Judge Frederic Block on 12/4/2014. (Innelli, Michael)
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ELECTRONIC ORDER: Plaintiff's fifth letter application #25 dated 6/30/14 without the consent of the defendant's is DENIED. The defendant's pending motion to dismiss is being considered by the Court as unopposed, until such time as the plaintiff's opposition papers are served and ECF filed. Plaintiff's counsel is encouraged to serve and ECF file their opposition papers promptly if they wish the Court to consider them before a decision is issued. Ordered by Judge Frederic Block on 7/1/2014. (Innelli, Michael)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to Order on Motion for Extension of Time to File,, Order on Motion to Dismiss, Order on Motion for Extension of Time to File Response/Reply, Opposition to Defendants' Motion to Dismiss by Stephane Houdet, Alan J. Rich. (Attachments: #1 Exhibit 7 injury photos) (Rich, Alan) |
| Filing 24 MOTION for Extension of Time to File Response/Reply as to #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel by David Brewer, Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Sandolo, Joanna) |
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ELECTRONIC ORDER: Defendant's letter application #22 to dismiss is DEINIED, because their unopposed motion to dismiss is still pending. Ordered by Judge Frederic Block on 6/12/2014. (Innelli, Michael)
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ELECTRONIC ORDER: Plaintiff's letter application #23 for extension of time to file is GRANTED. By June 30, 2014 plaintiff shall serve and ECF file their opposition to defendant's motion to dismiss and by July 10, 2014 the defendant's shall serve and ECF file their reply. Failure to comply with this electronic order may result in the Court deciding the pending motion to dismiss as unopposed. It is in the best interest of all the parties that counsel serve and ECF file their papers in a timely manner. Ordered by Judge Frederic Block on 6/12/2014. (Innelli, Michael)
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ELECTRONIC ORDER: The defendant's letter application #24 dated 6/12/14 is GRANTED. By July 18, 2014 the defendant shall serve and ECF file their reply to plaintiff's opposition as to their motion to dismiss. Ordered by Judge Frederic Block on 6/12/2014. (Innelli, Michael)
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| Filing 23 Fourth MOTION for Extension of Time to File Opposition to Defendants' Motion to Dismiss by Stephane Houdet, Alan J. Rich. (Attachments: #1 Exhibit Pl Ex A_Rich email to Defense attorney June 6 2014, #2 Exhibit Pl Ex B_Pll Draft Mem Law (v47), #3 Exhibit Pl Ex C_Deft Notice of Motion in State Court to Transfer case from J Schmidt, #4 Exhibit Pl Ex D_Santoro email to Rich June 9 2014, #5 Exhibit Pl Ex E_Malasky email to Bklyn Eagle editor re Rich Sep10 2009, #6 Exhibit Pl Ex F_Oral Surgeon letter.re Rich diagnosis and treatment, #7 Exhibit Pl Ex G_email AJR to Malasky re impropriety of Malasky direction limiting contact 9 13 2009, #8 Exhibit Pl Ex H_USTA Notices of Trespass Banning Rich to 2021, #9 Exhibit Pl Ex I_Image of Rich cracked tooth nbr 19) (Rich, Alan) |
| Filing 22 Letter MOTION to Dismiss for failure to timely serve opposition by Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Sandolo, Joanna) |
| Filing 21 Final MOTION for Extension of Time to File Response/Reply as to #16 Letter, #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel, #18 Memorandum in Support, Order on Motion to Adjourn Conference, #20 Letter MOTION for Extension of Time to File Response/Reply as to #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel , and to Set Deadline for Plaintiffs' Opposition,, Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Extension of Time to File Response/Reply, #14 Letter by Stephane Houdet, Alan J. Rich. (Rich, Alan) |
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ELECTRONIC ORDER: The plaintiff's letter application #21 dated 5/30/14 and the defendant's letter application #20 dated 5/29/14 are GRANTED. By June 5, 2014 the plaintiff shall serve his opposition and by June 19, 2014 the defendant's shall serve their reply and then ECF file the above papers and provide a hard courtesy copy of their fully briefed motion to chambers. Ordered by Judge Frederic Block on 5/30/2014. (Innelli, Michael)
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| Filing 20 Letter MOTION for Extension of Time to File Response/Reply as to #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel , and to Set Deadline for Plaintiffs' Opposition, by David Brewer, Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Sandolo, Joanna) |
| Filing 19 First MOTION for Extension of Time to File Response/Reply as to #16 Letter, #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel, #18 Memorandum in Support, Order on Motion to Adjourn Conference, Order on Motion for Extension of Time to File Response/Reply, Opposition to Defendants' Motion to Dismiss by Stephane Houdet, Alan J. Rich. (Rich, Alan) |
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ELECTRONIC ORDER: Plaintiff's letter application #19 dated 5/22/14 is GRANTED in part. By May 27, 2014 the plaintiff shall serve and ECF file their opposition to defendant's pending motion to dismiss and the defendant shall serve and ECF file their reply by June 3, 2014. The Court declines to schedule a conference in this case at this time. Ordered by Judge Frederic Block on 5/22/2014. (Innelli, Michael)
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| Filing 18 MEMORANDUM in Support re #17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel filed by David Brewer, Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Sandolo, Joanna) |
| Filing 17 Motion to Dismiss for Failure to State a Claim and as barred by res judicata/collateral estoppel by David Brewer, Daniel Malasky, David Schobel, Gordon Smith, Harlan Stone, United States Tennis Association, Chris Widmaier, Jeremiah Yolkut. (Attachments: #1 Declaration of Joanna Sandolo, #2 Exhibit A to Sandolo Decl., #3 Exhibit B to Sandolo Decl., #4 Exhibit C to Sandolo Decl., #5 Exhibit D to Sandolo Decl., #6 Exhibit E to Sandolo Decl., #7 Exhibit F to Sandolo Decl.) (Sandolo, Joanna) |
| Filing 16 Letter Concerning Motion to Dismiss by United States Tennis Association (Sandolo, Joanna) |
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ELECTRONIC ORDER: Plaintiff's letter application #15 dated 5/5/14 with the consent of all the parties is GRANTED. By May 19, 2014 counsel shall ECF file their fully briefed motion with a hard courtesy copy to chambers. Ordered by Judge Frederic Block on 5/6/2014. (Innelli, Michael)
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ELECTRONIC ORDER: This motion #13 to adjourn conference was granted on 3/20/14, see the electronic order to that effect. Ordered by Judge Frederic Block on 5/6/2014. (Innelli, Michael)
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| Filing 15 First MOTION for Extension of Time to File Response/Reply as to Scheduling Order,,, #14 Letter re consent to extend time to Oppose and Reply by one week by Plaintiffs Alan Rich and by Stephane Houdet. (Rich, Alan) |
| Filing 14 Letter to Plaintiffs' counsel enclosing motion papers by United States Tennis Association (Sandolo, Joanna) |
| Filing 13 MOTION to Adjourn Conference Indefinitely by United States Tennis Association. (Carton, Jeffrey) |
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SCHEDULING ORDER: Based on the defendant's letter #13 dated 3/18/14 the pre-motion conference scheduled for April 25, 2014 @ 11AM is canceled. By April 21, 2014 the defendant shall serve their motion to dismiss, by May 5, 2014 the plaintiff shall serve their opposition papers and by May 12, 2014 the defendants shall serve and ECF file their fully briefed motion to dismiss with a hard courtesy copy to chambers. There will be no modification to this briefing schedule unless agreed upon by all parties. Counsel shall follow J. Block's motion rules, specifically section 2(D) when serving and ECF filing their motions. There will be no formal order mailed out to counsel. Ordered by Judge Frederic Block on 3/20/2014. (Innelli, Michael)
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| Filing 12 Second MOTION to Adjourn Conference /Premotion and Initial Scheduling Conference for medical reasons by Stephane Houdet, Alan J. Rich. (Attachments: #1 Exhibit email exchange re request for adjournment for medical reasons) (Rich, Alan) |
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ELECTRONIC ORDER: The plaintiff's letter application #12 dated 3/19/14, without the consent of the defendants is GRANTED. The pre-motion conference scheduled for March 21, 2014 is adjourned to April 25, 2014 at 11:00 A.M. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 3/19/2014. (Innelli, Michael)
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| Filing 11 Letter requesting adjournment of premotion conference on consenti by Stephane Houdet, Alan J. Rich (Rich, Alan) |
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SCHEDULING ORDER: Plaintiff's letter application #11 dated 2/13/14, with the consent of the defendants is GRANTED. The pre-motion conference scheduled for February 18, 2014 is adjourned to March 21, 2014 at 11:00A.M. The Court is not available on the dates requested by counsel due to a scheduled civil jury trial. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the new date and time of this conference. Ordered by Judge Frederic Block on 2/13/2014. (Innelli, Michael)
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| Filing 10 Letter Response to Defense counsels request for pre-motion conference, Doc. #7 by Stephane Houdet, Alan J. Rich (Attachments: #1 Exhibit Ex 1 - Def Counsel Retaliation comment at Houdet Deposition, #2 Exhibit Ex 2 - USTA Trespass Notices against Rich thru 2012 and 2021, #3 Exhibit Ex 3 - Summons_Complaint Orig State case v USTA, #4 Exhibit Ex 4 - Federal Complaint_ocr, #5 Exhibit Ex 5 - Decision and Order August 13 2013 granting summary judgment state court, #6 Exhibit Ex 6 - Compliance Conf Order Feb 14 2013, #7 Exhibit Ex 7 - Def Mar 1, 2013, Notice of Motion-Summary Judgment-state case, #8 Exhibit Ex 8 - Ord re deps 6 21 2012 and Prelim Conf Ord 10 10 2012, #9 Exhibit Ex 9 - Pl Mem Law and Aff of Plaintiffs-State Court Opp to MSJ) (Rich, Alan) |
| Filing 9 First MOTION for Extension of Time to File Response/Reply as to #8 Scheduling Order,, #7 Letter Requesting Premotion Conference for proposed Motion to Dismiss by Stephane Houdet. (Rich, Alan) |
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ELECTRONIC ORDER: Plaintiff's letter application #9 dated 1/23/14 with the consent of the defendants is GRANTED. By January 30, 2014 the plaintiff shall serve and ECF file their response to the defendant's request for a pre-motion conference which is scheduled for February 18, 2014 @ 11AM. Ordered by Judge Frederic Block on 1/23/2014. (Innelli, Michael)
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Filing 8
SCHEDULING ORDER: Defendant letter application #7 dated 1/16/14 is GRANTED. A pre motion conference is scheduled for February 18, 2014 @ 11AM. There will be no formal notice mailed to counsel. Upon receipt of this email counsel shall confirm with each other the date and time of this conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then ECF file a letter application requesting an adjournment. Ordered by Judge Frederic Block on 1/17/2014. (Innelli, Michael)
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| Filing 7 Letter requesting pre-motion conference by United States Tennis Association (Attachments: #1 Exhibit A) (Sandolo, Joanna) |
| Filing 6 NOTICE of Appearance by Joanna Frances Sandolo on behalf of United States Tennis Association (aty to be noticed) (Sandolo, Joanna) |
| Filing 5 NOTICE of Appearance by Jeffrey I. Carton on behalf of United States Tennis Association (aty to be noticed) (Carton, Jeffrey) |
| Filing 4 AFFIDAVIT of Service for Affidavits of Service for Plaintiffs Houdet and Rich served on United States Tennis Association, Daniel Malasky, David Brewer, David Schobel, Jeremiah Yolkut, Harlan Stone, Gordon Smith, Chris Widmaier on Jan. 7, 2014, filed by Stephane Houdet., SUMMONS Returned Executed by Stephane Houdet. All Defendants., Writ of Habeas Corpus ad Prosequendum Returned Unexecuted. (Rich, Alan) |
| Filing 3 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) |
| Filing 2 Summons Issued as to United States Tennis Association. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Alan J. Rich, Stephane Houdet. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653064074 (Bowens, Priscilla) |
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