Clyne v. Bank of America Corporation et al
| Deborah Stacey Clyne |
| Bank of America Corporation, Shirlyn Francis and Bank Of America, N.A. |
| 1:2021cv04509 |
| August 11, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
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Filing 29
STIPULATION AND ORDER DISMISSING CASE with prejudice pursuant to Fed.R.Civ.P. 41(a)(1), each party to bear their own costs. ( Ordered by Judge Brian M. Cogan on 1/21/2022 ) (Guzzi, Roseann)
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| Filing 28 STIPULATION of Dismissal with prejudice and (Proposed) Order by Bank Of America, N.A., Shirlyn Francis (Salins, Roy) |
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ORDER DISMISSING CASE. The Court having been advised that this matter has settled, the case is dismissed, subject to reinstatement at the request of any party within 45 days. The Court retains jurisdiction to So Order any settlement documents if they are filed within this period. Ordered by Judge Brian M. Cogan on 12/10/2021. (Cogan, Brian)
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SCHEDULING ORDER: A telephone conference regarding the joint letter #27 is scheduled for 12/10/2021 at 12:30 PM. Parties will use toll-free number 888-684-8852, access code 6427877# and security code 4509#. Ordered by Judge Brian M. Cogan on 12/8/2021. (Weisberg, Peggy)
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| Filing 27 Letter Joint Letter to Judge Scanlon by Deborah Stacey Clyne (Choate, Jon) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Settlement Conference held on 12/3/2021. Jon Choate and Olivia Marie Clancy appearing for Plaintiff, who was also in attendance. Roy P. Salinas and Erik Mass for Defendants, with a representative for BOA attending. See separate docket entry for conference Order. (Lozar, Ryan) |
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ORDER. The parties made significant progress regarding settlement during the 12/3/2021 conference. On or before 12/7/2021, counsel will file a joint letter regarding the outcome. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2021. (Lozar, Ryan)
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| Filing 26 NOTICE of Appearance by Erik Mass on behalf of Bank Of America, N.A., Shirlyn Francis (aty to be noticed) (Mass, Erik) |
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ORDER. At the parties' request, the 11/29/2021 Settlement Conference is reset to 12/3/2021 at 09:00 AM before Magistrate Judge Vera M. Scanlon. The appearance will be held via Zoomgov, and the Court will send connection information to counsel. Counsel and parties will full settlement authority are required to attend. The Court has received the parties' ex parte settlement conference letters. Ordered by Magistrate Judge Vera M. Scanlon on 11/29/2021. (Lozar, Ryan)
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ORDER. A Settlement Conference will be held via Zoomgov on 11/29/2021 at 02:00 PM before Magistrate Judge Vera M. Scanlon. The Court will send counsel connection information. Counsel and parties with full settlement authority are required to attend. On or before 11/22/2021, counsel are to email the parties' ex parte settlement conference letters to Scanlon_Chambers@nyed.uscourts.gov in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 11/18/2021. (Lozar, Ryan)
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ORDER re: #25 Letter. First, in any future filings with the Court, counsel must include in the ECF subject line a brief description of the subject of any filing, in this case, "Letter requesting referral to magistrate judge for a settlement conference and extension of time to complete discovery", not simply "Letter", so that the docket remains intelligible. Furthermore, this letter should have been designated as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile the letter. Second, the Court does not generally extend discovery for settlement discussions because the parties are free to settle at any time and extending discovery merely reduces the incentive to settle promptly. The Court will, however, in this one instance, extend discovery through 1/31/2022 considering the holidays with the understanding that no further extensions of discovery will be granted. This case is therefore referred to Magistrate Judge Scanlon for purposes of settlement discussions. Ordered by Judge Brian M. Cogan on 11/17/2021. (Weisberg, Peggy)
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| Filing 25 Letter by Bank Of America, N.A., Shirlyn Francis (Attachments: #1 Proposed Order) (Salins, Roy) |
| Filing 24 ANSWER to #16 Amended Complaint by Bank Of America, N.A., Bank of America Corporation, Shirlyn Francis. (Salins, Roy) |
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Filing 23
SCHEDULING ORDER/CIVIL CASE MANAGEMENT IS HEREBY ADOPTED. ( Ordered by Judge Brian M. Cogan on 9/29/2021 ) (Guzzi, Roseann)
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| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 09/29/2021. Counsel for both sides appeared by telephone. The Court will adopt the parties' proposed Case Management Plan by separate order; fact discovery to end by 01/14/2022. (Weisberg, Peggy) |
| Filing 22 NOTICE of Appearance by Jon Choate on behalf of Deborah Stacey Clyne (aty to be noticed) (Choate, Jon) |
| Set/Reset Hearing: Initial Status Conference set for 10:30 am on 9/29/2021 is reset to 5:15 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4509#. (Weisberg, Peggy) |
| Filing 21 Letter Joint Letter in Connection with Initial Status Conference by Deborah Stacey Clyne (Attachments: #1 Proposed Order Proposed Case Management Plan) (Choate, Jon) |
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Filing 20
ORDER re: #19 Motion for Protective Order/Stipulation and Order re: Confidential Information. ( Ordered by Judge Brian M. Cogan on 9/22/2021 ) (Guzzi, Roseann)
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| Filing 19 Joint MOTION for Protective Order , Stipulation and (Proposed) Order Regarding Confidential Information by Bank Of America, N.A., Shirlyn Francis. (Salins, Roy) |
| Filing 18 Corporate Disclosure Statement by Bank of America Corporation identifying Other Affiliate Bank Of America, N.A., Other Affiliate Berkshire Hathaway Inc., Other Affiliate BAC North America Holding Company, Other Affiliate NB Holdings Corporation for Bank of America Corporation. (Salins, Roy) |
| Filing 17 NOTICE of Appearance by Roy P. Salins on behalf of Bank of America Corporation, Shirlyn Francis (aty to be noticed) (Salins, Roy) |
| Filing 16 AMENDED COMPLAINT against Bank of America Corporation, Shirlyn Francis, filed by Deborah Stacey Clyne. (Clancy, Olivia) |
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Filing 15
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 9/29/2021 at 10:30 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4509#. The parties are directed to comply with the attached mandatory requirements including filing on the docket a completed case management plan prior to the conference. Ordered by Judge Brian M. Cogan on 8/11/2021. (Weisberg, Peggy)
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| Filing 14 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 13 Case transferred in from District of New York Southern; Case Number 1:21-cv-06537. Original file certified copy of transfer order and docket sheet received. |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by Deborah Stacey Clyne. ENDORSEMENT: Plaintiff has consented to transfer this action to the Eastern District of New York. Dkt. No. 11. The Clerk of Court is directed to transfer this case to the Eastern District of New York without delay. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/11/2021) (mml) [Transferred from New York Southern on 8/11/2021.]
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| The case of Clyne v. Bank of America Corporation et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 21cv4509. 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 - Eastern District of New York. (mml) [Transferred from New York Southern on 8/11/2021.] |
| Filing 11 LETTER addressed to Judge Gregory H. Woods from Olivia M. Clancy dated 08/09/2021 re: Consent to Transfer Case to Eastern District of New York. Document filed by Deborah Stacey Clyne..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Shirlyn Francis waiver sent on 8/6/2021, answer due 10/5/2021. Document filed by Deborah Stacey Clyne..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Bank Of America Corporation waiver sent on 8/6/2021, answer due 10/5/2021. Document filed by Deborah Stacey Clyne..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
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Filing 8
ORDER: Accordingly, Plaintiff is directed to show cause no later than August 19, 2021 why this case should not be transferred to the Eastern District of New York. Plaintiff may also inform the Court if she consents to transfer of the case to the Eastern District by the same date. Plaintiff is directed to serve this order on Defendants, and to retain proof of service. SO ORDERED. Show Cause Response due by 8/19/2021. (Signed by Judge Gregory H. Woods on 8/06/2021) (ama) [Transferred from New York Southern on 8/11/2021.]
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| Filing 7 CIVIL COVER SHEET filed..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Shirlyn Francis..(jgo) [Transferred from New York Southern on 8/11/2021.] |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Bank Of America Corporation..(jgo) [Transferred from New York Southern on 8/11/2021.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Olivia Marie Clancy. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 443 (Civil Rights: Accomodations); County code New York;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 442 (Civil Rights: Jobs); the County code has been modified to Kings;. (jgo) [Transferred from New York Southern on 8/11/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Olivia Marie Clancy to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 8/11/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 8/11/2021.] |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 8/11/2021.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 8/11/2021.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Shirlyn Francis, re: #1 Complaint. Document filed by Deborah Stacey Clyne..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bank of America Corporation, re: #1 Complaint. Document filed by Deborah Stacey Clyne..(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Clancy, Olivia) Modified on 8/3/2021 (jgo). [Transferred from New York Southern on 8/11/2021.] |
| Filing 1 COMPLAINT against Bank Of America Corporation, Shirlyn Francis. (Filing Fee $ 402.00, Receipt Number ANYSDC-24877125)Document filed by Deborah Stacey Clyne. (Attachments: #1 Exhibit A, #2 Exhibit B).(Clancy, Olivia) [Transferred from New York Southern on 8/11/2021.] |
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