Irving v. Gmach et al
| Mark Christopher Irving |
| David Gmach and Consolidated Edison Company Of New York |
| 1:2017cv03920 |
| June 29, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Roslynn R Mauskopf |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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ORDER DISMISSING CASE: The stipulation at #27 is so ordered. The action is dismissed with prejudice. The Clerk of Court is directed to close the case. Ordered by Judge Roslynn R. Mauskopf on 12/20/2018. (Taronji, Robert)
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| Filing 28 Letter In Response to Order of date; Request for In-Person/Telephonic Conference; and, Request that ConEd be allowed an opportunity to be heard for its material omissions of material facts related to the underlying events and the parties stipulation of discontinuance by Mark Christopher Irving (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N) (Henry, Chauncey) |
| Filing 27 STIPULATION of Dismissal by Consolidated Edison Company Of New York (Molfetta, Michele) |
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ORDER: This case was settled on the record at a Court conference on October 23, 2018. Ms. Molfetta sent Mr. Henry the stipulation of dismissal in mid-November. ECF No. #26 . The Court ordered the parties to file their stipulation by December 14, 2018, or else the Court would hold a status conference in-person today. Mr. Henry failed to return the executed stipulation of dismissal until moments ago. ECF No. #27 . Mr. Henry's lack of attention to the Court's Orders has again led to wasting the Court and defense counsel's time. Even Mr. Henry's client was compelled to write to the Court to complain about not receiving something that had been promised in the settlement, ECF No. #25 ; however, as defense counsel reported, she had done her part, but Mr. Henry had failed to communicate with his client, ECF No. #26 . These failures to comply with the Court's Orders cannot be tolerated. Mr. Henry is hereby warned that he cannot run his caseload on his own schedule. Should he fail to abide by the Court's Orders in any future case before this Court, I will impose sanctions. He is duly warned. The Court appreciates Ms. Molfetta's attention to this case. The December 17, 2018 status conference is hereby cancelled. Ordered by Magistrate Judge Lois Bloom on 12/17/2018. (Panjini, Madhura)
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| Filing 26 Letter by Consolidated Edison Company Of New York (Molfetta, Michele) |
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ORDER: Due to a change in the Court's schedule, the status conference previously scheduled for 4:30 p.m. on December 17, 2018 shall now commence at 3:30 p.m. The parties shall arrive in Courtroom 11A South promptly at 3:30 p.m. Ordered by Magistrate Judge Lois Bloom on 12/12/2018. (Panjini, Madhura)
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ORDER: By letter dated November 27, 2018, plaintiff reports that he has not yet received his Retiree ID Card as promised by the parties' settlement agreement. ECF No. #25 . Defendants' counsel shall inquire regarding the status of the card and respond to plaintiff's letter by December 11, 2018. Ordered by Magistrate Judge Lois Bloom on 12/6/2018. (Panjini, Madhura)
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| Filing 25 Letter to Magistrate Judge Lois Bloom from plaintiff Mark Christopher Irving advising the court that defendant Con Edison has not complied with the terms of the confidential Settlement Agreement and General Release. (Attachments: #1 Letter to Ms. Molfetta) (Almonte, Giselle) |
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ORDER: The parties settled the case on the record in Court on October 23, 2018. The parties were ordered to file a stipulation discontinuing the case by November 28, 2018. To date, the parties have not filed their stipulation. The Court shall hold a conference in this case on December 17, 2018 at 4:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York unless the parties file their stipulation discontinuing the case by December 14, 2018. Ordered by Magistrate Judge Lois Bloom on 12/5/2018. (Panjini, Madhura)
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ORDER: The Court held a settlement conference in this matter on October 23, 2018. The parties settled the case on the record. The Court commends the parties' efforts to resolve the case. The parties shall file a stipulation discontinuing the case by November 28, 2018. Ordered by Magistrate Judge Lois Bloom on 10/23/2018. (Panjini, Madhura)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Settlement Conference held on 10/23/2018 (FTR Log #11:08-11:12; 2:35-2:46.) (Panjini, Madhura) |
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ORDER: The settlement conference previously scheduled for 11:00 a.m. on October 23, 2018 shall now commence at 10:30 a.m. The parties shall arrive in Courtroom 11A South promptly at 10:30 a.m. Ordered by Magistrate Judge Bloom on 10/19/18. (Panjini, Madhura)
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ORDER: The Court held a status conference in plaintiff's employment discrimination action on September 26, 2018. Plaintiff shall serve any proposed amended complaint on defendants' counsel by October 5, 2018. Defendants shall state whether they will consent or oppose the filing of plaintiff's proposed amended complaint by October 9, 2018.The Court shall hold a settlement conference on October 23, 2018 at 11:00 a.m. in Courtroom 11A South of the United States Courtroom, 225 Cadman Plaza East, Brooklyn, New York. Plaintiff and a representative from Con Edison with full settlement authority shall appear in person with counsel at the settlement conference. Settlement conferences are most productive if the parties have made good faith efforts to settle the case prior to the conference. Accordingly, the parties shall exchange specific settlement demands and offers before the conference, and they shall engage in at least one substantive discussion regarding settlement before that date. The parties shall fax their confidential ex-parte settlement statements setting forth the legal and factual basis for their settlement positions as well as their most recent offers and demands to the Court at (718) 613-2175 by 2:00 p.m. on October 16, 2018. Any 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 9/26/2018. (Panjini, Madhura)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting (Molfetta, Michele) |
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Filing 23
CONFIDENTIALITY AND PROTECTIVE ORDER, granting parties' #22 Motion. SO ORDERED by Magistrate Judge Lois Bloom, on 9/12/2018. (See document for details.) (Latka-Mucha, Wieslawa)
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| Filing 22 First MOTION for Protective Order by Consolidated Edison Company Of New York. (Molfetta, Michele) |
| Filing 21 NOTICE of Appearance by Chauncey D. Henry on behalf of Mark Christopher Irving (aty to be noticed) (Henry, Chauncey) |
| Minute Entry for status conference held before Magistrate Judge Lois Bloom on 8/21/2018. (FTR Log #10:15-10:18; 10:33-10:54.) (Doody, Sara) |
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SCHEDULING ORDER: The Court held a status conference in plaintiff's employment discrimination action on August 21, 2018. Attorney Chuancey Henry filed a notice of appearance this morning and appeared at today's conference with plaintiff. The parties shall file a Mutual Confidentiality and Protective Order by September 5, 2018. Plaintiff shall serve any proposed amended complaint on defendants' counsel by September 21, 2018. Fed. R. Civ. P. 16(b)(3)(A). The parties shall file their proposed 26(f) Report by Noon on September 24, 2018. Defendant shall state whether it will consent or oppose the filing of plaintiff's proposed amended complaint. The Court shall hold a status conference on September 26, 2018 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. 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 received in writing at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 8/21/2018. (Doody, Sara)
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Filing 20
SCHEDULING ORDER: Plaintiff requests two months to attempt to retain counsel to represent him in this matter. The request is granted. The Court shall hold a status conference on 8/21/2018 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse. Discovery is stayed while plaintiff continues to seek representation. However, defendants' counsel shall request plaintiff's personnel records for the fifteen years preceding his retirement (June 2001- June 23, 2016). Defendants' counsel shall ensure that plaintiff's personnel records are bates-stamped and ready to be produced to plaintiff at the 8/21/2018 status conference. SO ORDERED by Magistrate Judge Lois Bloom, on 6/20/2018. C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference held on 6/20/2018. Recorded. Tick #(s) 10:14 - 10:43. Appearances for Plaintiff: Mark Irving, pro se; for Defendants: Michele Ann Molfetta, Esq. (appeared by telephone). (Latka-Mucha, Wieslawa) |
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Filing 18
ORDER: Plaintiff writes to request that the Court adjourn the 4/26/2018 initial conference. Plaintiff's #17 request to adjourn the conference is granted. The Court shall hold the initial conference on 6/20/2018 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse. No planning conference pursuant to Rule 26(a) shall be required at this time. SO ORDERED by Magistrate Judge Lois Bloom, on 4/17/2018. C/mailed. (Initial Conference re-set for 6/20/2018 at 10:00 a.m. in Courtroom 11A South before Magistrate Judge Lois Bloom.) (Latka-Mucha, Wieslawa)
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| Filing 17 Letter MOTION to Adjourn Conference scheduled for April 26, 2018 at 10:00 AM, filed by Mark Christopher Irving. (Almonte, Giselle) |
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Filing 16
SCHEDULING ORDER: The Court shall hold an initial conference on 4/26/2018 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse. No planning conference pursuant to Rule 26(a) shall be required at this time. SO ORDERED by Magistrate Judge Lois Bloom, on 3/26/2018. C/mailed. (Latka-Mucha, Wieslawa)
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| Filing 15 Corporate Disclosure Statement by Consolidated Edison Company Of New York (Molfetta, Michele) |
| Filing 14 ANSWER to #1 Complaint by Consolidated Edison Company Of New York. (Molfetta, Michele) |
| Filing 13 NOTICE of Appearance by Michele Ann Molfetta on behalf of Consolidated Edison Company Of New York (aty to be noticed) (Molfetta, Michele) |
| Filing 12 SUMMONS Returned Executed by Mark Christopher Irving. Consolidated Edison Company Of New York served on 3/2/2018, answer due 3/23/2018. (Almonte, Giselle) |
| Filing 11 SUMMONS Returned Executed by Mark Christopher Irving. David Gmach served on 3/2/2018, answer due 3/23/2018. (Almonte, Giselle) |
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Filing 10
ORDER: Plaintiff was #8 ordered to serve defendants by 3/5/2018, and to file proof of service with the Court. To date, plaintiff has failed to file proof that defendants have been served with process in this matter. Plaintiff shall immediately file proof that he served process on defendants. If proof of service is not filed with the Court by 3/20/2018, or if plaintiff fails to show good cause why service was not effected, this action shall be dismissed without prejudice. SO ORDERED by Magistrate Judge Lois Bloom, on 3/6/2018. C/mailed. (Plaintiff's Response due by 3/20/2018.) (Latka-Mucha, Wieslawa)
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| Filing 9 SUMMONS ISSUED as to David Gmach; Consolidated Edison Company Of New York. (Latka-Mucha, Wieslawa) |
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Filing 8
ORDER: Pro se plaintiff moves to reopen his case stating that he paid the filing fee as the Court had ordered. After looking into the matter further, it appears plaintiff's payment was never reflected on the docket due to an unintentional oversight by the Clerk's office. Accordingly, plaintiff's #7 motion to reopen his case is granted. The Clerk of Court shall reopen plaintiff's case and issue the appropriate summonses. Enclosed is a copy of the "Individual Practices of Magistrate Judge Lois Bloom." Plaintiff and defendants, alike, are required to follow these rules. Plaintiff is to provide a copy of this Order and the enclosed rules to defendants along with the summons and complaint. Because the summonses were never issued, plaintiff shall have ninety days from the date the summonses are issued to serve defendants (12/4/2017). Accordingly, if service is not made upon the defendants by 3/5/2018, or if plaintiff fails to show good cause why such service has not been effected by that date, it will be recommended that the Court should dismiss this action without prejudice. Plaintiff may choose to receive electronic notification of court issued filings in this civil case. If plaintiff is eligible and wishes to receive electronic notification of court issued documents, plaintiff should complete the attached Registration and Consent form and return the form to the Court. Plaintiff is advised that even if she chooses to receive electronic notifications in this action, she is still required to advise the Court of any change to her mailing addresses. SO ORDERED by Magistrate Judge Lois Bloom, on 12/1/2017. C/mailed w/Attachments: #1 Individual Practices of Magistrate Judge Lois Bloom, #2 Instruction for Pro Se Registration and Consent for Electronic Service of Orders and Notices Issued by the Court in Civil Cases, #3 Pro Se Registration and Consent Form. (Latka-Mucha, Wieslawa)
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| Filing 7 MOTION to Reopen Case Whereas Plaintiff Mark Christopher Irving COMPLIED with the order to pay the filing fee and PAID the filing fee on August 2, 2017 (please see copy of receipt from Eastern District of New York) by Mark Christopher Irving. (Almonte, Giselle) |
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Filing 6
JUDGMENT: A Memorandum and Order of the undersigned having been issued this day directing the Clerk of Court to enter judgment accordingly and to close this case, it is hereby ORDERED ADJUDGED AND DECREED that plaintiff take nothing of defendants; and that all claims brought by plaintiff as against defendants are dismissed; and that this case is closed. Ordered by Judge Roslynn R. Mauskopf on 10/26/2017. (Taronji, Robert)
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Filing 5
MEMORANDUM AND ORDER: By Order dated July 18, 2017, the Court denied Irving's application to proceed in forma pauperis ("IFP"). The Court directedIrving to pay the filing fee of $400 to the Clerk of Court by August 18, 20 17. To date, Irving has failed to pay the filing fee. Accordingly, the action is dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to enter judgment and close this case. The Clerk of Court is directed to mail a copy of this order and the accompanying judgment to plaintiff pro se Mark Christopher Irving at the address listed on the docket, and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 10/26/2017. (Taronji, Robert)
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Filing 4
ORDER: The Court finds that plaintiff is financially able to pay the Court's filing fee. Accordingly, Plaintiff's #2 request to proceed IFP is hereby denied. Plaintiff shall pay the $ 400 filing fee to the Court by 8/18/2017, or the instant action may be dismissed. SO ORDERED by Magistrate Judge Lois Bloom, on 7/18/2017. C/mailed. (Latka-Mucha, Wieslawa)
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| 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. (Davis, Kimberly) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Mark Christopher Irving. (Davis, Kimberly) |
| Filing 1 COMPLAINT against Consolidated Edison Company Of New York, David Gmach, filed by Mark Christopher Irving. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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