Cyrus v. Lockheed Martin Corporation et al
| Odette K. Oliver Cyrus |
| Lockheed Martin Corporation, John Franceshina and Brian Loughlin |
| 1:2020cv06397 |
| December 29, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Taryn A Merkl |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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Filing 35
SUMMONS REISSUED as to John Franceshina, Senior Manager; and Brian Loughlin, Manager. (Latka-Mucha, Wieslawa)
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Filing 34
MEMORANDUM DECISION AND ORDER denying #24 Motion to Dismiss. The Court finds that good cause exists to extend the time to complete service, and grants the plaintiff 30 days from the date of this Order to re-serve the summons and complaint on these defendants. The United States Marshals Service is respectfully directed to serve the summons and the complaint on John Franceshina and Brian Loughlin. In addition, the Clerk of the Court is respectfully directed to mail a copy of this Order to the plaintiff. Ordered by Judge Ann M. Donnelly on 1/24/2022. (Greene, Donna)
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ORDER: Motion for Extension of Time #33 is granted, on consent. The following discovery deadlines are extended. Fact discovery shall be completed by 4/4/2022. All discovery shall be completed by 6/8/2022. Defendant is directed to file a status report, on consent of Plaintiff, certifying the close of all discovery by 6/15/2022. The deadline to initiate a dispositive motion, if any, is 7/11/2022, and motion papers should be filed in accordance with the Individual Practices and Rules of Judge Ann Donnelly. A telephonic Status Conference will be held on 3/31/2022 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. So Ordered by Magistrate Judge Taryn A. Merkl on 1/20/2022. (Chan, Kaity)
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Filing 33
Letter MOTION for Extension of Time to Complete Discovery , Letter MOTION to Adjourn Conference by Lockheed Martin Corporation. (Aibel, Matthew)
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Filing 32
MOTION to Withdraw as Attorney by City Bar Justice Center by Odette K. Oliver Cyrus. (Schwartz, Beth)
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Filing 31
AFFIDAVIT of Service re: plaintiff's response filed by Odette K. Oliver Cyrus. (Guzzi, Roseann)
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Filing 30
REPLY in Support re #24 MOTION to Dismiss the Complaint filed by John Franceshina, Lockheed Martin Corporation, Brian Loughlin. (Aibel, Matthew)
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Minute Entry and Order: A telephonic Status Conference was held on 11/22/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Beth Schwartz for Plaintiff (limited appearance); Plaintiff Odette Oliver Cyrus, pro se; Matthew Aibel for Defendants. Discussion held regarding discovery. The discovery deadlines are extended as follows. Plaintiff is directed to provide her HIPAA releases to Defendants by 12/6/2021. Plaintiff shall aim to provide responses to Defendants' document requests and interrogatories by 12/15/2022. Fact discovery shall be completed by 2/4/2022. All discovery shall be completed by 4/8/2022. Defendant is directed to file a status report, on consent of Plaintiff, certifying the close of all discovery by 4/15/2022. The deadline to initiate a dispositive motion, if any, is 5/9/2022, and motion papers should be filed in accordance with the Individual Practices and Rules of Judge Ann Donnelly. The parties are directed to continue to engage in discovery, and to meet and confer in a good faith effort to resolve and/or narrow any discovery disputes. A telephonic Status Conference will be held on 2/2/2022 at 9:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. In light of the Court's extension on October 13, 2021, and Plaintiffs filing of her response to the motion to dismiss on November 13, 2021, and November 16, 2021, Plaintiff's Motion for Extension of Time to File Response/Reply #27 is denied as moot. So Ordered by Magistrate Judge Taryn A. Merkl on 11/22/2021. (AT&T Log #9:30-10:10.) (Devanathan, Deepa)
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Filing 29
RESPONSE in Opposition re #24 MOTION to Dismiss the Complaint filed by Odette K. Oliver Cyrus. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Guzzi, Roseann)
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Filing 28
RESPONSE to Motion re #24 MOTION to Dismiss the Complaint filed by Odette K. Oliver Cyrus. (Almonte, Giselle)
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SCHEDULING ORDER: The plaintiff's response to the defendants' motion was due on October 8, 2021. The plaintiff did not file her response on that date, or otherwise move the Court for an extension of time. In light of the plaintiff's pro se status, I grant her until November 13, 2021, to submit her response. The defendants' reply, if any, is due November 29, 2021. Ordered by Judge Ann M. Donnelly on 10/13/2021. (Rosenthal, Joshua)
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Filing 27
MOTION for Extension of Time to File Response/Reply requesting 7 days to submit response by Odette K. Oliver Cyrus. (Guzzi, Roseann)
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Minute Entry and Order: A telephonic status conference was held on 9/27/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Beth Schwartz for Plaintiff (limited appearance); Plaintiff Odette Oliver Cyrus, pro se; Matthew Aibel for Defendants. Discussion held regarding discovery. The parties are directed to continue to engage in discovery, and to meet and confer in a good faith effort to resolve and/or narrow any discovery disputes. A telephonic status conference will be held on 11/22/2021 at 9:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 9/27/2021. (AT&T Log #2:30-2:51.) (Devanathan, Deepa)
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Filing 26
MEMORANDUM in Support re #24 MOTION to Dismiss the Complaint filed by John Franceshina, Brian Loughlin. (Aibel, Matthew)
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Filing 25
AFFIDAVIT/DECLARATION in Support re #24 MOTION to Dismiss the Complaint filed by John Franceshina, Brian Loughlin. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Process Receipt and Return, #3 Exhibit C - Process Receipt and Return) (Aibel, Matthew)
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Filing 24
MOTION to Dismiss the Complaint by John Franceshina, Brian Loughlin. (Aibel, Matthew)
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Filing 23
TRANSCRIPT of Proceedings held on July 12, 2021, before Judge Merkl. Court Transcriber: eScribers, LLC. Email address: operations@escribers.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 9/14/2021. Redacted Transcript Deadline set for 9/24/2021. Release of Transcript Restriction set for 11/22/2021. (Rocco, Christine)
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Filing 22
ORDER: Motion for Protective Order #21 is granted and attached. Ordered by Magistrate Judge Taryn A. Merkl on 8/20/2021. (Cahn, Gabriel)
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Filing 21
Letter MOTION for Protective Order Letter Motion Request for the Stipulated Confidentiality Order to Be So Ordered by Lockheed Martin Corporation. (Attachments: #1 Proposed Order) (Aibel, Matthew)
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ORDER: Motion for Extension of Time #20 is granted, on consent. The parties are directed to file their proposed protective order by 8/20/2021. So Ordered by Magistrate Judge Taryn A. Merkl on 8/16/2021. (Devanathan, Deepa)
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Filing 20
Letter MOTION for Extension of Time to File a Proposed Protective Order by Lockheed Martin Corporation. (Aibel, Matthew)
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SCHEDULING ORDER: Because the plaintiff is pro se, the pre-motion conference requirement is excused. The parties may disregard the Court's August 4, 2021 order.The defendants' motion to dismiss is due by September 8, 2021. The plaintiff's opposition is due by October 8, 2021. The defendants' reply, if any, is due by October 23, 2021. Ordered by Judge Ann M. Donnelly on 8/9/2021. (Rosenthal, Joshua)
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Filing 19
Letter Letter Response to Request for Pre-Motion Conference by Odette K. Oliver Cyrus (Schwartz, Beth)
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SCHEDULING ORDER: Counsel to the plaintiff is directed to file a response to the defendants' #15 letter motion for a pre-motion conference no later than August 12, 2021. The response is not to exceed three pages. Ordered by Judge Ann M. Donnelly on 8/5/2021. (Rosenthal, Joshua)
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ORDER granting #15 Motion for Pre Motion Conference. The conference will take place on August 20, 2021 at 11:00 a.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 8/4/2021. (Rosenthal, Joshua)
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Filing 18
Response Letter dated 7/29/21 from Odette K. Oliver Cyrus, plaintiff pro se to Judge Donnelly in response to defendants' letter requesting a pre-motion conference. (Guzzi, Roseann)
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Filing 16
NOTICE of Appearance by Beth Schwartz on behalf of Odette K. Oliver Cyrus (aty to be noticed) (Schwartz, Beth)
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Filing 17
LETTER RESPONSE in Opposition to Motion dated 7/27/21 re #15 Letter MOTION for pre motion conference re #1 Complaint filed by Odette K. Oliver Cyrus, plaintiff pro se. (Guzzi, Roseann)
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Filing 15
Letter MOTION for pre motion conference re #1 Complaint by John Franceshina, Brian Loughlin. (Aibel, Matthew)
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Filing 14
SUMMONS Returned Executed on behalf of pro se Odette K. Oliver Cyrus. Brian Loughlin served on 7/1/2021, answer due 7/22/2021. (Latka-Mucha, Wieslawa)
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Filing 13
SUMMONS Returned Executed on behalf of pro se Odette K. Oliver Cyrus. John Franceshina served on 7/1/2021, answer due 7/22/2021. (Latka-Mucha, Wieslawa)
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Minute Entry and Order: A telephonic status conference was held on 7/12/2021 before Magistrate Judge Taryn A. Merkl. Appearances by Odette Oliver Cyrus, pro se, for plaintiff and Matthew Aibel for defendants. As stated on the record, the parties discovery plan is adopted as follows. The parties are directed to meet and confer about properly executed HIPAA authorizations. Exchange of Rule 26(a)(1) initial disclosures shall be completed on or before 7/15/2021. The deadline to file any protective order is 8/13/2021. All fact discovery shall be completed on or before 12/1/2021. All discovery shall be completed on or before 1/10/2022. The parties shall submit a joint status report certifying the close of discovery by 1/10/2022. The final date to request a pre-motion conference is 1/10/2022. A telephonic status conference will be held on 9/27/2021 at 2:30 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The security code is 206397. The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 7/12/2021. (AT&T Log #3:04-3:46.) (Devanathan, Deepa)
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Filing 12
CERTIFICATE OF SERVICE by Lockheed Martin Corporation re #11 Report of Rule 26(f) Planning Meeting (Aibel, Matthew)
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Filing 11
REPORT of Rule 26(f) Planning Meeting (Aibel, Matthew)
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SCHEDULING ORDER: In light of the case reassignment, the telephonic Initial Conference set for 7/1/2021 at 11:00 a.m. before Magistrate Judge Lois Bloom, will now be held before Magistrate Judge Taryn A. Merkl on 7/12/2021 at 3:00 p.m. The parties are to call the toll free number (877) 336-1839. The access code is 3914302. The parties shall call five (5) minutes before the scheduled conference. The instructions and deadlines ordered by Magistrate Judge Bloom on 6/7/2021 are unchanged. The parties shall file a Rule 26(f) meeting report by June 24, 2021. 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 seventy-two (72) hours before the scheduled conference.Ordered by Magistrate Judge Taryn A. Merkl on 6/23/2021. (Chan, Kaity)
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Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Lois Bloom 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)
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ORDER: The Court shall hold the initial conference in plaintiff's employment discrimination case by telephone on July 1, 2021 at 11:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. on July 1, 2021. The parties shall file a Rule 26(f) meeting report by June 24, 2021. 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 seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/7/2021. (Van Buren, Ethan)
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Filing 10
ANSWER to #1 Complaint by Lockheed Martin Corporation. (Aibel, Matthew)
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Filing 9
Corporate Disclosure Statement by Lockheed Martin Corporation identifying Other Affiliate State Street Corporation, Other Affiliate State Street Global Advisors Funds Management Inc for Lockheed Martin Corporation. (Aibel, Matthew)
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Filing 8
Corporate Disclosure Statement by Lockheed Martin Corporation identifying Other Affiliate State Street Corporation, Other Affiliate State Street Global Advisors Funds Management Inc for Lockheed Martin Corporation. (Gomprecht, Diana)
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Filing 7
NOTICE of Appearance by Diana Costantino Gomprecht on behalf of Lockheed Martin Corporation (aty to be noticed) (Gomprecht, Diana)
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Filing 6
ACKNOWLEDGMENT OF SERVICE re: Summons and Complaint. (Guzzi, Roseann)
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Filing 5
SUMMONS ISSUED as to Lockheed Martin Corporation; John Franceshina; and Brian Loughlin. Modified. (Latka-Mucha, Wieslawa)
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Filing 4
ORDER: Plaintiff's #2 application to proceed in forma pauperis under 28 U.S.C. 1915 is granted. The United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the named defendant without prepayment of fees. The parties shall advise the Court by signing the enclosed form whether they jointly consent to trial and decision on this case by me, a United States Magistrate Judge, pursuant to 28 U.S.C. 636(c). SO ORDERED by Magistrate Judge Lois Bloom, on 1/21/2021. C/mailed w/Attachments: #1 Individual Practices of Magistrate Judge Lois Bloom, #2 Consent to Trial and Decision by a United States Magistrate Judge. (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. (Bowens, Priscilla)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Odette K. Oliver Cyrus. (Bowens, Priscilla)
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Filing 1
COMPLAINT against All Defendants, filed by Odette K. Oliver Cyrus. (Attachments: #1 Civil Cover Sheet) (Bowens, Priscilla)
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