Shaver v. Medicom Worldwide, Inc. et al
| Herbert Shaver |
| Medicom Worldwide, Inc., Jeffery Duane Sturgis, Jeffery D. Sturgis Sr., Jeffery D. Sturgis Jr., Jeffery David Sturgis, Medicom Education Group Inc. and Corona Productions, Corp. |
| 1:2018cv07222 |
| December 19, 2018 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on January 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 38 NOTICE of Appearance by Robert W. Small on behalf of Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis (notification declined or already on case) (Small, Robert) |
ORDER granting #37 Motion for Robert W. Small Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/8/2019. (Vertus, Miriam)
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| Filing 37 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11066273. by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Attachments: #1 Affidavit Affidavit of Robert W. Small in Support of Motion to Admit Counsel Pro Hac Vice) (Small, Robert) |
| Filing 36 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 35 Case transferred in from District of New York Southern; Case Number 1:18-cv-05700. Original file certified copy of transfer order and docket sheet received. |
| The case of Shaver v. Medicom Worldwide, Inc. et al, has been transferred from Southern District to the Eastern District of New York. The new case number is 18cv7222. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (jca) [Transferred from New York Southern on 12/19/2018.] |
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Filing 34
ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court transfer this action to the United States District Court for the Eastern District of New York. (Signed by Judge Denise L. Cote on 12/11/2018) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/19/2018.]
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| Filing 33 ANSWER to #16 Amended Complaint, with JURY DEMAND. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis.(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Corona Productions Corp. for Medicom Education Group Inc., Medicom Worldwide, Inc.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis.(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Medicom Education Group Inc. for Corona Productions, Corp., Medicom Worldwide, Inc.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis.(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Medicom Worldwide, Inc. for Corona Productions, Corp., Medicom Education Group Inc.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis.(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
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Filing 29
ORDER: This case was filed on June 22, 2018. An Opinion issued today denied the defendants motion to dismiss the First Amended Complaint (FAC). The FAC alleges that the defendants discriminated against the plaintiff, in part while the plaintiff was working from a home office in Queens County, New York. Accordingly, it is hereby ORDERED that the parties shall, by December 7, 2018, show cause why this action should not be transferred to the United States District Court for the Eastern District of New York. IT IS FURTHER ORDERED that this action will be so transferred without such a showing by December 10. (Signed by Judge Denise L. Cote on 11/28/2018) (gr) [Transferred from New York Southern on 12/19/2018.]
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Filing 28
OPINION AND ORDER.....The defendants August 20, 2018 motion to dismiss is denied. (Signed by Judge Denise L. Cote on 11/28/2018) (gr) [Transferred from New York Southern on 12/19/2018.]
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| Filing 27 REPLY AFFIDAVIT of Jeffrey David Sturgis in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. . Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. . Document filed by Herbert Shaver. (Altaras, Daniel) [Transferred from New York Southern on 12/19/2018.] |
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Filing 24
ORDER:On August 8, 2018, the defendants filed a motion to dismiss the original complaint in this action pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P., and on forum non conveniens grounds. An Order of August 9 directed the plaintiff to file any amended complaint by August 31 and alerted the plaintiff that it would likely not have another opportunity to amend. The plaintiff filed an amended complaint on August 23, thereby mooting the defendants August 8 motion. Defendants renewed their motion on September 7. Accordingly, it is hereby ORDERED that the plaintiff shall serve any opposition to the motion to dismiss by September 28, 2018. Defendants reply, if any, shall be served by October 12, 2018..... (Signed by Judge Denise L. Cote on 9/10/2018) (gr) [Transferred from New York Southern on 12/19/2018.]
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| Filing 23 AFFIDAVIT of Tony Catania in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 22 AFFIDAVIT of Mary Ellen Congleton in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 21 AFFIDAVIT of Jennifer H. Murphy in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 20 AFFIDAVIT of Jeffrey Duane Sturgis in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 19 AFFIDAVIT of Jeffrey David Sturgis in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 18 MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. . Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. Document filed by Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit F)(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 16 AMENDED COMPLAINT amending #14 Amended Complaint, against Corona Productions, Corp., Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery David Sturgis, Jeffery Duane Sturgis with JURY DEMAND.Document filed by Herbert Shaver. Related document: #14 Amended Complaint,.(Altaras, Daniel) [Transferred from New York Southern on 12/19/2018.] |
| ADD PARTY FOR PLEADING. Defendants/Respondents Jeffery Duane Sturgis, Jeffery David Sturgis added. Party added pursuant to #14 Amended Complaint,.Document filed by Herbert Shaver. Related document: #14 Amended Complaint,.(Altaras, Daniel) [Transferred from New York Southern on 12/19/2018.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Judah Altaras to RE-FILE re: Document No. #14 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (Jeffery Duane Sturgis and Jeffery David Sturgis); the wrong party/parties whom the pleading is against were selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) [Transferred from New York Southern on 12/19/2018.] |
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Filing 15
ORDER: On August 8, 2018, the defendants moved pursuant to Fed. R. Civ. P. 12(b)(2) and 12(b)(6) to dismiss the plaintiffs complaint. On August 21, the plaintiff filed an amended complaint. Accordingly, it is hereby ORDERED that the defendants August 8 motion to dismiss shall be terminated as moot. (Signed by Judge Denise L. Cote on 8/21/2018) (gr) [Transferred from New York Southern on 12/19/2018.]
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| Filing 14 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr., Corona Productions, Corp. with JURY DEMAND.Document filed by Herbert Shaver. Related document: #1 Complaint.(Altaras, Daniel) Modified on 8/22/2018 (sj). [Transferred from New York Southern on 12/19/2018.] |
| Filing 13 AFFIDAVIT of Jennifer H. Murphy in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 12 AFFIDAVIT of Jeffrey Duane Sturgis in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 11 AFFIDAVIT of Jeffrey David Sturgis in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens.. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. . Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. (Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. Responses due by 8/31/2018 (Attachments: #1 Text of Proposed Order)(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Robert W. Small to RE-FILE Document #7 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) [Transferred from New York Southern on 12/19/2018.] |
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Filing 8
ORDER: On August 8, 2018, defendants filed a motion to dismiss the complaint pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P., and on forum non conveniens grounds. Under Rule 15(a)(1)(B), Fed. R. Civ. P., a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by August 31, 2018. It is unlikely that plaintiff will have a further opportunity to amend. IT IS FURTHER ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by August 31, 2018. Defendants reply, if any, shall be served by September 14, 2018..... (Signed by Judge Denise L. Cote on 8/9/2019) (gr) [Transferred from New York Southern on 12/19/2018.]
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| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim or, in the Alternative, on the Ground of Forum Non Conveniens. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. Responses due by 8/20/2018 (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Exhibit A - Affidavit, #3 Affidavit Exhibit B - Affidavit, #4 Affidavit Exhibit C - Affidavit)(Small, Robert) Modified on 8/17/2018 (ldi). [Transferred from New York Southern on 12/19/2018.] |
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Filing 6
ORDER granting #5 Motion to Seal Document. On August 3, 2018, the defendants moved for permission to file a motion to dismiss with social security numbers and wage amounts redacted. Accordingly, it is hereby ORDERED that the defendants' August 3 request is granted. (Signed by Judge Denise L. Cote on 8/6/2018) (rro) [Transferred from New York Southern on 12/19/2018.]
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| Filing 5 LETTER MOTION to Seal Document addressed to Judge Denise L. Cote from Robert W. Small dated August 3, 2018. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr..(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
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Filing 4
ORDER granting #3 Motion for Robert Small to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) [Transferred from New York Southern on 12/19/2018.]
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| Filing 3 MOTION for Robert Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15367164. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr..(Small, Robert) [Transferred from New York Southern on 12/19/2018.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #3 MOTION for Robert Small to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15367164. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 12/19/2018.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Judah Altaras. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:2000e-2e. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:2617. (pc) [Transferred from New York Southern on 12/19/2018.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 12/19/2018.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 12/19/2018.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 12/19/2018.] |
| Filing 2 CIVIL COVER SHEET filed. (Altaras, Daniel) [Transferred from New York Southern on 12/19/2018.] |
| Filing 1 COMPLAINT against Medicom Education Group Inc., Medicom Worldwide, Inc., Jeffery D. Sturgis Jr., Jeffery D. Sturgis Sr.. (Filing Fee $ 400.00, Receipt Number 0208-15239440)Document filed by Herbert Shaver.(Altaras, Daniel) [Transferred from New York Southern on 12/19/2018.] |
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