Sebastiani v. Lee
| Franco Sebastiani and Pik Lee |
| 1:2019cv03638 |
| June 21, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Rachel P Kovner |
| Steven Tiscione |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Case Reassigned to Judge Rachel P. Kovner. Judge Pamela K. Chen no longer assigned to the case. 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. (Mahoney, Brenna) |
| Filing 19 Letter for Plaintiff to appear by phone by Franco Sebastiani (Ranni, Joseph) |
ORDER granting (42) Motion to Adjourn Conference in case 1:19-cv-00253-PKC-ST; granting (18) Motion to Adjourn Conference in case 1:19-cv-03638-PKC-ST. The conference scheduled for January 7th is temporarily adjourned without date. Counsel shall submit proposed adjournment dates to the Court by January 10th, close of business. So Ordered by Magistrate Judge Steven Tiscione on 1/6/2020. (Vasquez, Lea)
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| Filing 18 First MOTION to Adjourn Conference initial settlement conference by Franco Sebastiani. (Turkel, Avram) |
| Filing 17 Minute Entry for Initial Conference Hearing held on 11/18/2019 before Magistrate Judge Steven Tiscione: Turkel for Plaintiff; Walters for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 11/18/19; Completion of Phase I discovery - 12/10/19; Deadline for motions to join new parties or amend pleadings - 1/15/20; First requests for production of documents and interrogatories due by - 1/30/20; All fact discovery to be completed by 8/14/20; Exchange of expert reports - 9/30/20; Expert depositions completed by - 10/30/20; All discovery completed by - 10/30/20; Final date to take first step in dispositive motion practice - 12/7/20. An in-person settlement conference will be held on January 7, 2020 at 2:00 p.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than January 4, 2020. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (FTR Log #12:21 - 12:25.) (Vasquez, Lea) |
| Filing 16 ANSWER to Complaint by Pik Lee. (Walters, Matthew) |
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Filing 15
SCHEDULING ORDER: An in-person initial conference will be held at 12:30 p.m. on November 18, 2019 before the undersigned in Hearing Room N504 in the North Wing. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than November 15th. So Ordered by Magistrate Judge Steven Tiscione on 10/22/2019. (Vasquez, Lea)
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Filing 14
ORDER: For the reasons set forth herein, the Court reconsiders its prior preliminary ruling regarding Defendant's motion to dismiss and finds that Plaintiff has pleaded sufficient facts for his IIED claim to survive a Rule 12(b)(6) motion to dismiss and to proceed. Ordered by Judge Pamela K. Chen on 10/17/2019. (Wisotsky, Shira)
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| Filing 13 Letter in Reply to Plaintiff's Opposition to Motion to Dismiss (supplemental briefing) by Pik Lee (Walters, Matthew) |
| Filing 12 Letter as directed by Court at conference by Franco Sebastiani (Mukherjee, Ranadeb) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Pre-motion Conference held on September 23, 2019. Appearances by Ranadeb Mukherjee and Joseph Ranni for Plaintiff; and Matthew Walters for Defendant. Also present was Avram Turkel for Plaintiff. Case called and discussion held regarding Defendant's proposed motion to dismiss the removed state intentional infliction of emotional distress (IIED) claim as time-barred and failing to state a claim upon which relief can be granted. For the reasons stated on the record, the Court construed the parties' pre-motion conference letters as briefing on a motion pursuant to Fed. R. Civ. P. 12(b)(6), and preliminarily ruled that Defendant's motion should be granted. However, because the Court had not given the parties, in particular, Plaintiff, notice that it was going to construe the parties' letters as the motion and response, the Court permitted the parties to file supplemental briefing on this issue. Plaintiff may file a letter of up to five pages by October 7, 2019; and Defendant may file a letter response, also limited to five pages, by October 15, 2019. (Court Reporter Victoria A. Torres-Butler.) (Wisotsky, Shira) |
| Filing 11 NOTICE of Appearance by Ranadeb Robert Mukherjee on behalf of All Plaintiffs (aty to be noticed) (Mukherjee, Ranadeb) |
| Filing 10 Letter MOTION to Adjourn Conference on consent of all parties by Pik Lee. (Walters, Matthew) |
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ORDER: Defendant's #10 motion to adjourn the pre-motion conference, on consent of Plaintiff, is granted. The conference will now be held on September 23, 2019 at 2 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 9/4/2019. (Wisotsky, Shira)
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| Motions terminated, docketed incorrectly: #6 Letter MOTION to Dismiss filed by Pik Lee. This entry was efiled as both a motion to dismiss and a motion for a pre-motion conference. This should have only been filed as a motion for a pre-motion conference. No further action needed. Do not re-file this document. (Abdallah, Fida) |
| Filing 9 NOTICE of Appearance by Joseph James Ranni on behalf of Franco Sebastiani (aty to be noticed) (Ranni, Joseph) |
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ORDER: The Court grants #8 Defendant's motion to adjourn the pre-motion conference to a later date. The pre-motion conference will now be held on September 5, 2019 at 2:00 PM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 7/17/2019. (Knapp, Cody)
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| Filing 8 Letter MOTION to Adjourn Conference currently scheduled for August 15, 2019 by Pik Lee. (Walters, Matthew) |
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ORDER: The Court grants #6 Defendant's motion for a pre-motion conference. The pre-motion conference will be held on August 15, 2019 at 10:00 AM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 7/10/2019. (Knapp, Cody)
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| Filing 7 RESPONSE to Motion re #6 Letter MOTION to Dismiss Letter MOTION for pre motion conference filed by All Plaintiffs. (Mukherjee, Ranadeb) |
| Filing 6 Letter MOTION to Dismiss , Letter MOTION for pre motion conference by Pik Lee. (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Kings County Complaint, #3 Exhibit EDNY Complaint) (Walters, Matthew) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen for all further proceedings( as related to 19-cv-253). Chief Judge Dora Lizette Irizarry no longer assigned to case 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.Ordered by Chief Judge Dora Lizette Irizarry on 6/27/2019. (Davis, Kimberly)
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| Filing 5 Notice of Related Case (Davis, Kimberly) |
| Filing 4 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 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) |
| Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Steven Tiscione. 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 2 Civil Cover Sheet.. by Pik Lee (Walters, Matthew) |
| Filing 1 NOTICE OF REMOVAL by Pik Lee from Supreme Court, Kings County, case number 524523/2018. ( Filing fee $ 400 receipt number ANYEDC-11598127) (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Federal Court Action Complaint, #3 Exhibit State Court Action Complaint) (Walters, Matthew) |
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| Plaintiff: Franco Sebastiani | |
| Represented By: | Avram Solomon Turkel |
| Represented By: | Joseph James Ranni |
| Represented By: | Ranadeb Robert Mukherjee |
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| Plaintiff: Pik Lee | |
| Represented By: | Matthew James Walters |
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