Brooks v. The Doe Fund, Inc. et al
| GREGORY BROOKS |
| JAMES WASHINGTON, ANTHONY WIGGINS, TERRY COOPER and The Doe Fund, Inc. |
| 1:2017cv03626 |
| June 15, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Jobs |
| 42 U.S.C. § 2003 Job Discrimination |
| Plaintiff |
Docket Report
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| Filing 102 MANDATE of USCA as to #99 Notice of Appeal filed by Gregory Brooks. It is hereby ORDERED that the appeal is DISMISSED for lack of jurisdiction. See 28 U.S.C. 2107; Bowles v. Russell, 551 U.S. 205, 214 (2007). It is further ORDERED that Appellants motions are DENIED as moot. Issued as Mandate: 7/22/2021. USCA# 21-31. (Jones, Vasean) |
Filing 101
ORDER: For the reasons discussed in the attached Memorandum and Order, the Court denies Plaintiff's #100 motion for an extension of time to file a notice of appeal. Ordered by Judge Pamela K. Chen on 1/21/2021. (Li, Caroline)
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| Electronic Index to Record on Appeal sent to US Court of Appeals. #99 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. (Mejia, Salomon) |
| Filing 100 MOTION for Extension of Time to File Notice of Appeal (Joint Form) by Gregory Brooks. (Mejia, Salomon) |
| Filing 99 NOTICE OF APPEAL as to #85 Clerk's Judgment, #84 Order on Motion for Summary Judgment, by Gregory Brooks. No fee paid. Service done electronically. Motion for extension of time pending. (Mejia, Salomon) |
| APPEAL FILING FEE DUE re #99 Notice of Appeal Payment in the amount of $505.00, can be made in person to the clerks office, or mailed in or paid online with the event Civil Case Appeal Filing Fee. (Mejia, Salomon) |
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ORDER: In response to pro se Plaintiff's #98 request for information on how to file an appeal, the Clerk of Court is respectfully directed to mail Plaintiff an appeals packet, also available online at https://www.nyed.uscourts.gov/forms/civil-appeal-packet, which contains instructions and forms for filing a notice of appeal. The Court notes, however, that there may be a timeliness issue with respect to an appeal in this matter. See Fed. R. App. P. 4(a)(1)(A) (barring an applicable exception, a notice of appeal must be filed with the district clerk within 30 days after entry of the judgment or order appealed from). Ordered by Judge Pamela K. Chen on 12/3/2020. (Li, Caroline)
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| Filing 98 Letter from Gregory Brooks to Judge Chen asking for information on how to appeal the Court's decision. (Abdallah, Fida) |
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ORDER: The Court responds to Plaintiff's pro se #97 letter, which was received after the Court's #96 issuance of its decision denying Plaintiff's motion for reconsideration. That decision was not mailed directly to Plaintiff, but the Court does so now. Because Plaintiff does not address the substance of his reconsideration motion, the Court's decision on that motion remains unchanged. To the extent Plaintiff complains about the performance and/or bad conduct of his former attorneys, the Court cannot grant him any relief. The Court also denies Plaintiff's request to appear before the Court in this matter, as it is closed and there is nothing for the Court to consider. Ordered by Judge Pamela K. Chen on 10/7/2020. (Li, Caroline)
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| Filing 97 Letter from Gregory Brooks to Judge Chen, regarding representation and requesting to appear in court. (Abdallah, Fida) |
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Filing 96
ORDER: For the reasons stated in the attached Memorandum and Order, the Court denies Plaintiff's #88 motion for reconsideration. Ordered by Judge Pamela K. Chen on 9/24/2020. (Shi, Yi Qing)
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| NOTICE re #86 Bill of Costs. The taxation of costs shall be held in abeyance given the pendency of a motion for reconsideration. Counsel is directed to refile and renotice the bill of costs after the determination of the motion, if appropriate at that time. See Local Rule 54.1(a). Douglas C. Palmer, Clerk of Court, by Brenna B. Mahoney, Chief Deputy. (Mahoney, Brenna) |
| Filing 95 Letter Regarding Opposition to Motion to Reconsider by Terry Cooper (Bartolomeo, Bradley) |
| Filing 94 Letter Regarding Opposition to Motion to Reconsider by The Doe Fund, Inc., James Washington (Bauer, Lori) |
| Filing 93 Letter dated 6/23/2020 from Gregory Brooks, Pro Se to Judge Chen submitting information for further consideration of the Court. (Attachments: #1 EEOC Correspondence) (Lee, Tiffeny) |
| Filing 92 Letter MOTION for Extension of Time to File Response to Plaintiff's Motion for Reconsideration by Terry Cooper. (Bartolomeo, Bradley) |
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ORDER: The Court grants Defendants' #91 #92 extension requests to file their response to Plaintiff's motion for reconsideration by July 10, 2020. Plaintiff's attorney, Kelly O'Connell, shall mail this order to Plaintiff and file proof of mailing. Ordered by Judge Pamela K. Chen on 6/19/2020. (Shi, Yi Qing)
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| Filing 91 Letter Requesting Extension of Time to File Opposition to Motion for Reconsideration by The Doe Fund, Inc., James Washington (Bauer, Lori) |
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ORDER: In light of #89 attorneys Alexander Cabeceiras and Derek Smith's motion to withdraw, which the Court grants, the Court directs Kelly O'Connell to mail the Court's 6/8/2020 Order to the plaintiff and file proof of mailing. Ordered by Judge Pamela K. Chen on 6/10/2020. (Shi, Yi Qing)
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| Filing 90 Letter dtd. 6/10/20 from Pltff. Gregory Brooks to Judge Chen, requesting "Your Honor excuse any deadlines he has missed and time to address the courts regarding his request for reconsideration in this matter, due to the recent passing of his grandmother and the covid-19 pandemic." (Recv'd. on 6/10/20) (Layne, Monique) |
| Filing 89 Letter MOTION to Withdraw as Attorney by Gregory Brooks. (Attachments: #1 Exhibit Letter from Plaintiff and Plaintiff's Counsel, #2 Proposed Order Proposed Order to Relieve Derek Smith Law Group, PLLC) (Cabeceiras, Alexander) |
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ORDER: The Court directs Alexander Cabeceiras, Kelly O'Connell, and Derek Smith to mail a copy of the Court's 6/8/2020 Order to the plaintiff and file proof of mailing. Ordered by Judge Pamela K. Chen on 6/9/2020. (Shi, Yi Qing)
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ORDER: Defendants may, but is not required to, file a response to Plaintiff's #88 motion for reconsideration by June 22, 2020. Ordered by Judge Pamela K. Chen on 6/8/2020. (Shi, Yi Qing)
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| Filing 88 Letter MOTION for Reconsideration dtd. 4/29/20 re Judge Chen's #84 Order on Motion for Summary Judgment,(Requesting Reconsideration of Your Honor's Decision and Allow A Jury Trial To Proceed For The Following Reasons)filed by Gregory Brooks. (Recv'd. on 6/5/20). (Layne, Monique) |
| Filing 87 DECLARATION re #86 Bill of Costs (DECLARATION OF LORI D. BAUER) by The Doe Fund, Inc., James Washington (Attachments: #1 Exhibit A-C) (Bauer, Lori) |
| Filing 86 BILL OF COSTS by The Doe Fund, Inc., James Washington (Attachments: #1 NOTICE OF TAXATION) (Bauer, Lori) |
| Filing 85 CLERK'S JUDGMENT, that Defendants' motions for summary judgment are granted with regard to Plaintiff's Title VII and 1981 claims, as well as the NYSHRL race discrimination and retaliation claims; and that Plaintiffs remaining state law claims are dismissed without prejudice to refile in state court. Signed by Douglas C. Palmer, Clerk of Court, by J. Poveda, Deputy Clerk on 3/31/2020. (Layne, Monique) |
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Filing 84
ORDER: For the reasons stated in the attached Memorandum and Order, Defendants' motions for summary judgment are granted with regard to Plaintiffs Title VII and 1981 claims, as well as the NYSHRL race discrimination and retaliation claims. Plaintiff's remaining state law claims are dismissed without prejudice to refile in state court. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 3/31/2020. (Shi, Yi Qing)
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| Filing 83 NOTICE of Appearance by Alexander G. Cabeceiras on behalf of Gregory Brooks (aty to be noticed) (Cabeceiras, Alexander) |
| Filing 82 AFFIDAVIT/DECLARATION in Opposition re #75 MOTION for Summary Judgment , #66 MOTION for Summary Judgment Motions of all Defendants Doe Fund, James Washington, and Terry Cooper filed by Gregory Brooks. (Attachments: #1 Plaintiff's Ex. 1 Declaration of Brooks, #2 Plaintiff's Ex. 2 - Complaint, #3 Plaintiff's Ex. 3 - Brooks Tr., #4 Plaintiff's Ex. 4 - House Tr., #5 Plaintiff's Ex. 5 - Cooper Tr., #6 Plaintiff's Ex. 6 - Washington Tr..pdf, #7 Plaintiff's Ex. 7 - Earning Statements, #8 Plaintiff's Ex. 8 - 2016 Investigation, #9 Plaintiff's Ex. 9 - Psych. Eval..pdf, #10 Plaintiff's Ex. 10 - Medical File, #11 Plaintiff's Ex. 11 - 2016 Emails., #12 Plaintiff's Ex. 12 - Terms, #13 Plaintiff's Ex. 13 - NYC DHS, #14 Plaintiff's Ex. 14 - Pass Policy, #15 Plaintiff's Ex. 15 - Case Notes, #16 Plaintiff's Ex. 16 - RWA, #17 Plaintiff's Ex. 17 - Statements, #18 Plaintiff's Ex. 18 - Workforce Development, #19 Plantiff's Ex. 19 - July 21, 2016 Complaint, #20 Plaintiff's Ex. 20 - TDF Emails, #21 Plaintiff's Ex. 21 - July 25, 2016 Report, #22 Plantiff's Ex. 22 - PhotosPlaintiff's Ex. 23 - Cooper's Termination Letter, #23 Plaintiff's Ex. 23 - Cooper's Termination Letter, #24 Plaintiff's Ex. 25 - Cooper Doc Responses.pdf, #25 Plaintiff's Ex. 26 - TDF Int. Responses, #26 Plaintiff's Ex. 27 - TDF Doc Responses, #27 Plaintiff's Ex. 28 - June 2013 Complaint, #28 Plaintiff's Ex. 29 - 2013 Emails, #29 Plaintiff's Ex. 30 - Written Warning, #30 Plaintiff's Ex. 31 - Late Pass, #31 Plaintiff's Ex. 32 - Multi Late Pass, #32 Plaintiff's Ex. 33 - Bed Change, #33 Plaintiff's Ex. 34 - RWA report, #34 Plaintiff's Ex. 35 TDF Sexu. Policy, #35 Plaintiff's Ex. 36 EEOC Charge, #36 Plaintiff's Ex. 37 RTS, #37 Plaintiff's Ex. 38 - TDF Websites) (O'Connell, Kelly) |
| Filing 81 RULE 56.1 STATEMENT Plaintiff's Counter Rule 56.1 Statement of Undisputed Material Facts filed by Gregory Brooks. (O'Connell, Kelly) |
| Filing 80 NOTICE by Gregory Brooks re #75 MOTION for Summary Judgment Plaintiff's Response to Defendant Terry Cooper's Rule 56.1 (O'Connell, Kelly) |
| Filing 79 RESPONSE in Opposition re #75 MOTION for Summary Judgment filed by Gregory Brooks. (O'Connell, Kelly) |
| Filing 78 NOTICE by Gregory Brooks re #68 Rule 56.1 Statement Plaintiff's Response to Defendants Doe Fund and James Washington's Rule 56.1 (O'Connell, Kelly) |
| Filing 77 RESPONSE in Opposition re #66 MOTION for Summary Judgment filed by Gregory Brooks. (O'Connell, Kelly) |
| Filing 76 REPLY in Support re #75 MOTION for Summary Judgment filed by Terry Cooper. (Bartolomeo, Bradley) |
| Filing 75 MOTION for Summary Judgment by Terry Cooper. (Attachments: #1 Declaration Declaration of Bradley J. Bartolomeo in support of Motion for Summary Judgment, #2 Exhibit A through J, #3 Memorandum in Support Defendant Terry Cooper's Memorandum of Law in Support of Motion for Partial Summary Judgment, #4 Rule 56.1 Statement Defendant Terry Cooper's Statement of Undisputed Facts, #5 Certificate of Service) (Bartolomeo, Bradley) |
| Filing 74 NOTICE by The Doe Fund, Inc., James Washington of Filing Response to Plaintiff's Local Rule 56.1 Additional Statement (Bauer, Lori) |
| Filing 73 AFFIDAVIT/DECLARATION in Support re #66 MOTION for Summary Judgment (Reply Affidavit of Eunice Gilmore) filed by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 72 AFFIDAVIT/DECLARATION in Support re #66 MOTION for Summary Judgment (Reply Declaration of Lori D. Bauer) filed by The Doe Fund, Inc., James Washington. (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) (Bauer, Lori) |
| Filing 71 MEMORANDUM in Support re #66 MOTION for Summary Judgment (Reply Memorandum of Law) filed by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 70 AFFIDAVIT/DECLARATION in Support re #66 MOTION for Summary Judgment (Affidavit of Eunice Gilmore) filed by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 69 AFFIDAVIT/DECLARATION in Support re #66 MOTION for Summary Judgment filed by The Doe Fund, Inc., James Washington. (Attachments: #1 Exhibit A-EE) (Bauer, Lori) |
| Filing 68 RULE 56.1 STATEMENT re #66 MOTION for Summary Judgment filed by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 67 MEMORANDUM in Support re #66 MOTION for Summary Judgment filed by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 66 MOTION for Summary Judgment by The Doe Fund, Inc., James Washington. (Bauer, Lori) |
| Filing 65 Letter Requesting Increase of Page Limit for Defendants' Reply Brief by The Doe Fund, Inc., James Washington (Bauer, Lori) |
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ORDER: The Court grants #65 the TDF Defendants' request to file excess pages. The TDF Defendants may file a reply brief not to exceed 25 pages. Ordered by Judge Pamela K. Chen on 5/6/2019. (Knapp, Cody)
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| Filing 64 Letter on Behalf of TDF Defendants and Defendant Terry Cooper Requesting Adjournment to File Summary Judgment Motion Replies From April 25, 2019 Until May 17, 2019 by The Doe Fund, Inc., James Washington (Bauer, Lori) |
| Filing 63 Letter on Behlf of TDF Defendants and Defendant Terry Cooper Requesting Adjournment to File Summary Judgment Motion Replies From April 25, 2019 Until May 17, 2019 by The Doe Fund, Inc., James Washington (Klein, Douglas) |
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ORDER: The Court grants #63 #64 Defendants' request for an extension of time to serve their replies in further support of their motions for summary judgment. Defendants shall serve their replies by May 17, 2019. Ordered by Judge Pamela K. Chen on 4/5/2019. (Knapp, Cody)
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| Filing 62 First MOTION for Leave to File Excess Pages in Plaintiff's Opposition Memorandums by Gregory Brooks. (O'Connell, Kelly) |
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ORDER granting #62 Motion for Leave to File Excess Pages, as requested. Ordered by Judge Pamela K. Chen on 3/26/2019. (Abdallah, Fida)
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| Filing 61 First MOTION for Extension of Time to File Response/Reply as to #58 Letter Summary Judgement Briefing Schedule by Gregory Brooks. (O'Connell, Kelly) |
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ORDER: The Court grants #61 Plaintiff's motion for an extension of time to file. Plaintiff's opposition brief shall be served by March 29, 2019; Defendants' reply briefs shall be served by April 25, 2019. Ordered by Judge Pamela K. Chen on 3/15/2019. (Knapp, Cody)
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| Filing 60 Letter Advising of Service of Motion for Summary Judgment and Supporting Documents by Terry Cooper (Bartolomeo, Bradley) |
| Filing 59 Letter Advising of Service of Motion for Summary Judgment and Supporting Documents by The Doe Fund, Inc., James Washington (Bauer, Lori) |
| Filing 58 Letter Regarding Briefing Schedule by The Doe Fund, Inc. (Seidenfeld, Steven) |
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ORDER: The Court sets the following briefing schedule on Defendants' motions for summary judgment: Defendants shall serve their motion briefs by February 7, 2019; Plaintiff shall serve his opposition brief by March 21, 2019; Defendants shall serve their reply briefs by April 11, 2019. As a courtesy to the Court, the parties are encouraged not to file their motion papers until the motion has been fully briefed, unless doing so might cause a party to miss a statutory deadline. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its own moving papers. On the same day, the parties shall each furnish chambers with one (1) courtesy copy of their own motion papers. Ordered by Judge Pamela K. Chen on 12/19/2018. (Knapp, Cody)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 12/5/2018. (FTR Log #9:35-9:48.) (Burks, Jory) |
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ORDER: The Court held a telephone conference in plaintiff's employment discrimination action on December 5, 2018. The Court has held two pre-settlement telephone conferences in this action. As the parties have not made progress regarding a potential resolution, the Court will not hold a settlement conference at this time. The parties shall file their pre-motion request to Judge Chen proposing an agreed upon briefing schedule by December 19, 2018. Ordered by Magistrate Judge Lois Bloom on 12/5/2018. (Burks, Jory)
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ORDER: Chief Judge Irizarry has authorized the closure of the Courthouse on Wednesday, December 5, 2018, to commemorate the National Day of Mourning in honor of President H.W. Bush's passing. As I have many conferences that day, I shall proceed with case conferences as scheduled unless the parties request otherwise. If the parties seek an adjournment of their conference, they shall advise my clerk of their availability on Monday, December 10, 2018 between 12:003:00 p.m. to reschedule their matters. Ordered by Magistrate Judge Lois Bloom on 12/3/2018. (Burks, Jory)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 11/26/2018. (FTR Log #2:43-3:05.) (Burks, Jory) |
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ORDER: The Court held a telephone conference in plaintiff's employment discrimination action on November 26, 2018. The Court spoke with the parties regarding their request for a settlement conference and directed the parties to redouble their efforts to talk numbers. The Court shall hold a telephone conference on December 5, 2018 at 9:30 a.m. Plaintiff's counsel is requested to arrange and initiate the conference call. After establishing contact with defendants' counsel, plaintiff's counsel shall call the Court at 718-613-2170. Ordered by Magistrate Judge Lois Bloom on 11/26/2018. (Burks, Jory)
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ORDER: On November 13, 2018, the parties provided a joint letter to the Court requesting a settlement conference. ECF No. #57 . The Court shall hold a pre-settlement telephone conference in plaintiff's action on November 26, 2018 at 2:30 p.m. Plaintiff's counsel is requested to arrange and initiate the conference call. After establishing contact with defendants' counsel, plaintiff's counsel shall call the Court at 718-613-2170. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 11/15/2018. (Burks, Jory)
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ORDER: In light of the parties' #57 November 13, 2018 joint letter requesting a settlement conference before Magistrate Judge Bloom, the pre-motion conference scheduled for November 15, 2018 before District Judge Pamela K. Chen is adjourned sine die. The parties shall file a status update within 14 days of the settlement conference notifying the Court whether any party wishes to reschedule the pre-motion conference. Ordered by Judge Pamela K. Chen on 11/14/2018. (Knapp, Cody)
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| Filing 57 Letter Requesting That This Matter Be Referred to Magistrate Judge for Settlement Conference by The Doe Fund, Inc., James Washington (Bauer, Lori) |
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ORDER granting #53 Motion for Pre Motion Conference: A pre-motion conference shall be held on November 15, 2018 at 4:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 10/5/2018. (Hess, Alexandra)
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| Filing 56 Letter Responding to Defendant Cooper's Request for a Pre-motion Conference by Gregory Brooks (O'Connell, Kelly) |
| Filing 55 Letter Responding to Defendants' Request for a Pre-motion Conference by Gregory Brooks (O'Connell, Kelly) |
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ORDER granting #54 Motion for Extension of Time to File: Plaintiff shall file his pre-motion conference reply letter by October 4, 2018. Ordered by Judge Pamela K. Chen on 9/27/2018. (Hess, Alexandra)
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| Filing 54 First MOTION for Extension of Time to File Letter Response by Gregory Brooks. (O'Connell, Kelly) |
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ORDER: Plaintiff has failed to comply with the Court's Individual Rules requiring a response to Defendants' pre-motion conference request #53 within seven days. Plaintiff shall file a response letter by September 27, 2018. Ordered by Judge Pamela K. Chen on 9/25/2018. (Hess, Alexandra)
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| Filing 53 First MOTION for pre motion conference seeking permission to file motion for summary judgment by Terry Cooper. (Bartolomeo, Bradley) |
| Filing 52 Letter Requesting Pre-motion Conference Seeking Permission to File Motion for Summary Judgment by The Doe Fund, Inc., James Washington (Bauer, Lori) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 7/11/2018 (FTR Log #1:34-2:00.) (DeAtley, Tavish) |
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ORDER granting in part and denying in part #50 Motion to Compel; The Court held a telephone status conference on July 11, 2018 to address plaintiff's motion to compel defendants to produce the identity of an individual identified in a 2013 sexual harassment complaint. ECF No. #50 . As discussed on the record, the request is granted in part and denied in part. Defendants shall produce the name and last known address of the individual subject to receiving plaintiff's counsel affirmation that she has destroyed the previously produced and redacted medical records of that individual. Other than producing the individual's name and last known address, fact discovery is closed. Plaintiff shall have until August 31, 2018 to locate and depose the individual. The parties shall file any pre-motion conference request in accordance with Judge Chen's individual rules by September 17, 2018. Ordered by Magistrate Judge Lois Bloom on 7/11/2018. (DeAtley, Tavish)
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| Filing 51 Letter in Response to Plaintiff's June 28, 2018 Letter (Docket No. 50) by The Doe Fund, Inc., James Washington (Bauer, Lori) |
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SCHEDULING ORDER: By letter-motion dated June 28, 2018, plaintiff moves to compel various discovery. ECF No. 50. In light of the Fourth of July holiday, defendants shall respond by July 6, 2018. The Court shall hold a telephone conference on July 11, 2018 at 1:30 p.m. Plaintiff's counsel shall arrange and initiate the conference call. After establishing contact with defendants' counsel, plaintiff's counsel shall contact the Court at 718-613-2170. The deadlines to complete discovery and file any pre-motion conference request are stayed until the conference. Ordered by Magistrate Judge Lois Bloom on 6/29/2018. (Doody, Sara)
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| Filing 50 First MOTION to Compel Outstanding Discovery Request by Gregory Brooks. (O'Connell, Kelly) |
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Filing 49
ENDORSED ORDER, granting Defendant Terry Cooper's #48 Motion for an Extension of Time to Complete Discovery. The #48 application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 6/27/2018. (Discovery Deadline re-set for 7/6/2018.) (Latka-Mucha, Wieslawa)
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| Filing 48 First MOTION for Extension of Time to Complete Discovery only as to deposition of Terry Cooper by Terry Cooper. (Bartolomeo, Bradley) |
| Filing 47 NOTICE of Appearance by Bradley Jason Bartolomeo on behalf of Terry Cooper (aty to be noticed) (Bartolomeo, Bradley) |
| Filing 46 TRANSCRIPT of Proceedings held on April 18, 2018, before Judge Bloom. Court Transcriber: Fiore Reporting and Transcription Service, Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/4/2018. Redacted Transcript Deadline set for 6/14/2018. Release of Transcript Restriction set for 8/13/2018. (Rocco, Christine) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 4/18/2018 (FTR Log #11:07-11:31.) (DeAtley, Tavish) |
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ORDER granting in part and denying in part #44 Motion for Extension of Time to Complete Discovery: The Court held a status conference on April 18, 2018. As discussed on the record, defendants' request for an extension of time to complete discovery, ECF No. #44 , is granted in part and denied in part. Plaintiff shall provide defendants' counsel with all outstanding medical authorizations by April 23, 2018. The parties shall complete all fact discovery by July 2, 2018. Any pre-motion conference request shall be filed by July 20, 2018 in accordance with Judge Chen's individual rules. Expert discovery relating to plaintiff's damages shall be conducted, if necessary, after adjudication of any motion for summary judgment. Ordered by Magistrate Judge Lois Bloom on 4/18/2018. (DeAtley, Tavish)
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| Filing 45 NOTICE of Appearance by Brian Pete on behalf of Terry Cooper (aty to be noticed) (Pete, Brian) |
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SCHEDULING ORDER: Due to a conflict in the Court's schedule, the April 18, 2018 status conference shall be held at 11:00 a.m. instead of 11:30 a.m. Ordered by Magistrate Judge Lois Bloom on 4/17/2018. (DeAtley, Tavish) Modified on 4/17/2018 (Doody, Sara).
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SCHEDULING ORDER: re #44 Letter MOTION for Extension of Time to Complete Discovery filed by The Doe Fund, Inc., James Washington: By letter-motion dated April 13, 2018, defendants request a four-month extension of time to complete discovery. ECF No. #44 . Plaintiff only consents to a sixty day extension. The Court shall hold a conference on April 18, 2018 at 11:30 a.m. in Courtroom 11A South. The deadline to complete discovery is stayed until the conference. Ordered by Magistrate Judge Lois Bloom on 4/13/2018. (DeAtley, Tavish)
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| Filing 44 Letter MOTION for Extension of Time to Complete Discovery by The Doe Fund, Inc., James Washington. (Seidenfeld, Steven) |
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Filing 43
ORDER, granting Kevin P. Connolly, Esq.'s #41 Motion to Withdraw as Counsel for Defendants The Doe Fund, Inc., and James Washington. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 4/9/2018. (Attorney Kevin Patrick Connolly, Jr. terminated.) (Latka-Mucha, Wieslawa)
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| Filing 42 DECLARATION re #41 Notice of MOTION to Withdraw as Attorney by The Doe Fund, Inc., James Washington (Connolly, Kevin) |
| Filing 41 Notice of MOTION to Withdraw as Attorney; filed by James Washington, and The Doe Fund, Inc. (Connolly, Kevin) (Modified) |
| Filing 40 NOTICE of Appearance by Steven Joshua Seidenfeld on behalf of The Doe Fund, Inc., James Washington (aty to be noticed) (Seidenfeld, Steven) |
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Filing 39
STIPULATION AND ORDER OF CONFIDENTIALITY, endorsed on doc.#38 : SO ORDERED by Magistrate Judge Lois Bloom, on 12/1/2017. (See document for details.) (Latka-Mucha, Wieslawa)
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Filing 38
STIPULATION and Order of Confidentiality by The Doe Fund, Inc., James Washington (Bauer, Lori)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 11/28/2017 (FTR Log #9:14-9:31.) (DeAtley, Tavish) |
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Order: Plaintiff's stipulation #37 dismissing Defendant Wiggins is so ordered. Party Anthony Wiggins terminated. Ordered by Judge Pamela K. Chen on 11/28/2017. (Hess, Alexandra)
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SCHEDULING ORDER: The Court held a telephone status conference on November 28, 2017. As discussed on the record, plaintiff shall provide defendants' counsel with all medical authorizations by December 1, 2017. The parties shall complete all fact discovery by April 16, 2018. Any pre-motion conference request shall be filed by April 30, 2018 in accordance with Judge Chen's individual rules. Expert discovery relating to plaintiff's damages shall be conducted, if necessary, after adjudication of any motion for summary judgment. Ordered by Magistrate Judge Lois Bloom on 11/28/2017. (DeAtley, Tavish)
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| Filing 37 STIPULATION of Dismissal of Defendant WIGGINS by Gregory Brooks (O'Connell, Kelly) |
| Filing 36 ANSWER to #1 Complaint, by Terry Cooper. (Shapiro, Peter) |
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ORDER re #33 Letter filed by Gregory Brooks By letter dated November 17, 2017, plaintiff informs the Court that he "will withdraw his claims against Defendant Wiggins." ECF No. #33 . Plaintiff shall file a stipulation voluntarily dismissing the claims brought against Defendant Wiggins by November 30, 2017. Ordered by Magistrate Judge Lois Bloom on 11/20/2017. (DeAtley, Tavish)
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Filing 35
STIPULATION AND ORDER, granting #34 Motion for an Extension of Time to Answer. Defendant Terry Cooper hereby accepts service of the Summons and Complaint. Defendant Terry Cooper shall have until 11/22/2017, to move, answer or otherwise respond to the Complaint. SO ORDERED by Magistrate Judge Lois Bloom, on 11/17/2017. Terry Cooper's answer due by 11/22/2017. (Latka-Mucha, Wieslawa)
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| Filing 34 Letter MOTION for Extension of Time to File Answer re #1 Complaint, and Enclosing Proposed Stipulation Accepting Service by Terry Cooper. (Shapiro, Peter) |
| Filing 33 Letter pursuant to November 16, 2017 order by Gregory Brooks (O'Connell, Kelly) |
| Filing 32 NOTICE of Appearance by Kelly L. O'Connell on behalf of Gregory Brooks (aty to be noticed) (O'Connell, Kelly) |
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ORDER :On October 31, 2017, the Court ordered counsel for Terry Cooper to file a letter by November 3, 2017 regarding a proper service address or whether counsel would accept service on defendant Cooper's behalf. In addition, the Court ordered plaintiff's counsel to file a letter informing the Court whether he will withdraw his claims against defendant Anthony Wiggins. To date, counsel has failed to comply with the Court's orders. This is unacceptable. Counsel shall immediately file these letters or shall show good cause in writing by November 20, 2017 why the Court should not impose sanctions under Federal Rule of Civil Procedure 37(b)(2) for their failure to comply with the Court's orders. Ordered by Magistrate Judge Lois Bloom on 11/16/2017. (DeAtley, Tavish)
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SCHEDULING ORDER: The Court held a status conference on October 31, 2017. As discussed on the record, counsel for Terry Cooper shall file a letter with the Court regarding service on defendant Cooper by November 3, 2017. Counsel shall either provide Cooper's proper service address or shall state that he is authorized to accept service on Cooper's behalf. By the same date, plaintiff shall file a letter informing the Court whether he will withdraw his claims against defendant Anthony Wiggins. Defendants shall produce documents regarding any investigation of plaintiff's complaint against defendant Cooper forthwith. In addition, plaintiff shall produce whatever documents he has relating to his claim of emotional distress damages. Plaintiff shall also provide defendants with authorizations to access his medical/mental health records. The Court shall hold a telephone conference on November 28, 2017 at 9:00 a.m. After establishing contact with defendants' counsel, plaintiff's counsel shall telephone the Court at 718-613-2170. Ordered by Magistrate Judge Lois Bloom on 10/31/2017. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Status Conference held on 10/31/2017 (FTR Log #10:46-11:27.) (DeAtley, Tavish) |
| Filing 31 Summons Issued as to Anthony Wiggins. (Basnight, Jasmine) |
| Filing 30 Summons Issued as to Terry Cooper. (Basnight, Jasmine) |
| Filing 29 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
| Filing 28 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
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ORDER granting #27 Motion for Extension of Time to File; By letter-motion dated October 10, 2017, plaintiff requests "additional time to serve two individual defendants who were employees of Defendant Doe Fund, Defendant Cooper and Defendant Wiggins." ECF No. #27 . Plaintiff has made diligent attempts to serve both defendants, see Affidavits of Service, ECF No. #27 , however, service has yet to be effected. Based on plaintiff's efforts, and the fact that defendants' counsel recently provided plaintiff with the defendants' last known addresses, the Court finds good cause to extend the time for service. Plaintiff shall serve the defendants forthwith and file proof of service by November 10, 2017. Ordered by Magistrate Judge Lois Bloom on 10/11/2017. (DeAtley, Tavish)
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| Filing 27 First MOTION for Extension of Time to File Summons and Request Extension of Time to Serve Defendants Cooper and Wiggins by Gregory Brooks. (Smith, Derek) |
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SCHEDULING ORDER: Due to a conflict in the Court's calendar, the October 31, 2017 status conference shall now be held at 10:30 a.m. (instead of 10:00 a.m.) in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 10/10/2017. (DeAtley, Tavish)
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| Filing 26 NOTICE of Appearance by Peter T. Shapiro on behalf of Terry Cooper (aty to be noticed) (Shapiro, Peter) |
| Filing 25 SUMMONS Returned Executed by Gregory Brooks. James Washington served on 6/26/2017, answer due 8/11/2017. (Smith, Derek) |
| Filing 24 SUMMONS Returned Executed by Gregory Brooks. The Doe Fund, Inc. served on 6/27/2017, answer due 8/11/2017. (Smith, Derek) |
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SCHEDULING ORDER: The Court held an initial conference on September 26, 2017. Plaintiff's counsel was not present at the conference; however, the Court allowed him on this one occasion to appear by telephone. The Court reminds the parties that they must comply with all Court orders and counsel shall timely appear at all future conferences and hearings. Plaintiff's counsel was warned that he would be sanctioned for any future failure to appear. As discussed on the record, defendants' counsel shall provide plaintiff with the last-known addresses for defendants Terry Cooper and Anthony Wiggins forthwith. However, as plaintiff filed the complaint on June 15, 2017, the 90-day deadline to serve the defendants expired on September 13, 2017. Fed. R. Civ. P. 4(m). Plaintiff shall immediately file proof that the aforementioned defendants were properly served within the 90-day deadline, or show good cause in writing why defendants were not timely served. The Court shall hold a status conference on October 31, 2017 at 10:00 a.m. in Courtroom 11A South. Ordered by Magistrate Judge Lois Bloom on 9/26/2017. (DeAtley, Tavish)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Initial Conference Hearing held on 9/26/2017 (FTR Log #2:54-3:16.) (DeAtley, Tavish) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting (Bauer, Lori) |
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ORDER granting #22 Motion to Adjourn Conference: Plaintiff's counsel writes to request an adjournment of the September 13, 2017 initial conference. (ECF No. 22.) This is plaintiff's first request and opposing counsel consents. The initial conference is adjourned until September 26, 2017 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange initial disclosures pursuant to Rule 26(a)(1) and file the Rule 26(f) meeting report by September 19, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 9/8/2017. (Smith, Roberta)
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| Filing 22 First MOTION to Adjourn Conference (Initial Conference) by Gregory Brooks. (Smith, Derek) |
| Filing 21 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
| Filing 20 NOTICE of Appearance by Kevin Patrick Connolly, Jr on behalf of James Washington (aty to be noticed) (Connolly, Kevin) |
| Filing 19 ANSWER to #1 Complaint, by James Washington. (Bauer, Lori) |
| Filing 18 NOTICE of Appearance by Lori Diane Bauer on behalf of James Washington (aty to be noticed) (Bauer, Lori) |
| Filing 17 ANSWER to #1 Complaint, by The Doe Fund, Inc.. (Bauer, Lori) |
| Filing 16 Corporate Disclosure Statement by The Doe Fund, Inc. (Bauer, Lori) |
| Filing 15 SUMMONS Returned Executed by Gregory Brooks. Terry Cooper served on 7/21/2017, answer due 8/11/2017. (Smith, Derek) |
| Filing 14 Summons Issued as to Terry Cooper. (Basnight, Jasmine) |
| Filing 13 Summons Issued as to Terry Cooper. (Basnight, Jasmine) |
| Filing 12 Summons Issued as to Anthony Wiggins. (Basnight, Jasmine) |
| Filing 11 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
| Filing 10 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
| Filing 9 Proposed Summons. Re #1 Complaint, by Gregory Brooks (Smith, Derek) |
| Filing 8 Letter Requesting Extension of Time to Respond to Complaint (Revised) by The Doe Fund, Inc. (Bauer, Lori) Modified on 7/12/2017 (Doody, Sara). |
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ORDER granting #8 Motion for Extension of Time to Answer; SCHEDULING ORDER: Counsel for defendant The Doe Fund, Inc. writes to request an extension of time to answer plaintiff's complaint. This is defendant's first request and plaintiff consents. Defendant shall respond to plaintiff's complaint by August 11, 2017. The Court shall hold an initial conference on September 13, 2017 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by September 6, 2017. Parties are advised that they must contact each other before making any request for an adjournment to the Court. A request for an adjournment must be received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/12/2017. (Doody, Sara)
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| Filing 7 Letter Requesting Extension of Time to Respond to Complaint From July 17, 2017 Through and Including August 11, 2017 by The Doe Fund, Inc. (Bauer, Lori) |
| Filing 6 NOTICE of Appearance by Kevin Patrick Connolly, Jr on behalf of The Doe Fund, Inc. (aty to be noticed) (Connolly, Kevin) |
| Filing 5 NOTICE of Appearance by Lori Diane Bauer on behalf of The Doe Fund, Inc. (aty to be noticed) (Bauer, Lori) |
| Filing 4 Summons Issued as to Terry Cooper, The Doe Fund, Inc., James Washington, Anthony Wiggins. (Attachments: #1 Summons, #2 Summons, #3 Summons) (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. Please Refer to corrections made on this case. (Davis, Kimberly) |
| 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 1 COMPLAINT against TERRY COOPER, The Doe Fund, Inc., JAMES WASHINGTON, ANTHONY WIGGINS filing fee $ 400, receipt number 0207-9609153 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by GREGORY BROOKS. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Smith, Derek) |
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