David v. The Human Rights Campaign et al
| Alphonso David |
| The Human Rights Campaign and The Human Rights Campaign Foundation |
| 1:2022cv00620 |
| February 3, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Roanne L Mann |
| Eric N Vitaliano |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
RE-SCHEDULING ORDER: The status conference originally scheduled for 4/21/2023 will now be held on 4/25/2023 at 2:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/31/2023. (IS)
|
|
ORDER: The motion for extension of time to complete discovery #35 is granted. The discovery deadlines are extended as follows: fact discovery shall be completed by 3/27/2023; Plaintiff's expert disclosures shall be served by 5/1/2023; Defendants' rebuttal expert disclosures shall be served by 6/12/2023; expert depositions shall be completed by 7/3/2023; the last date to take the first step in dispositive motion practice shall be 7/17/2023. The status conference scheduled for 4/21/2023 before Magistrate Judge Bulsara will proceed as scheduled. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/22/2023. (IS)
|
| Filing 35 Joint MOTION for Extension of Time to Complete Discovery by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Exhibit A - Revised Proposed Scheduling Order) (Parness, Evan) |
|
SCHEDULING ORDER: An in person status conference will take place on 4/21/2023 at 11:30 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/18/2023. (EM)
|
|
ORDER OF RECUSAL. Magistrate Judge Vera M. Scanlon recused. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Type of Recusal: party.Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2023. (BBM)
|
| Case Reassigned to Magistrate Judge Vera M. Scanlon. Magistrate Judge Roanne L. Mann 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. (IH) |
|
ORDER #34 Motion for Extension of Time to Complete Discovery. The Court grants the parties' joint request for a 90-day extension and approves the deadlines set forth in DE #34-1, with requests for a premotion conference now due by May 18, 2023. Ordered by Magistrate Judge Roanne L. Mann on 10/13/2022. (LK)
|
| Filing 34 Joint MOTION for Extension of Time to Complete Discovery by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Proposed Order) (Parness, Evan) |
| Filing 33 STATUS REPORT by The Human Rights Campaign, The Human Rights Campaign Foundation (Parness, Evan) |
|
ORDER granting in large part #30 Motion to Compel. Having considered the parties' competing arguments, and based on its knowledge of the record and the case, the Court overrules plaintiff's relevance objections to defendants' motion to compel the production of documents. The demanded documents may well undermine plaintiff's characterization of his actions taken in connection with the Cuomo investigation as limited and ethically required, thereby constituting impeachment on critical issues in the case. Moreover, three of the five demands (Nos. 45, 46 and 71), as narrowed by defendants, seek information regarding the impact of the Cuomo Report on HRC and/or plaintiff's role as president of the organization, and thus bear on whether the basis claimed by defendants for plaintiff's termination is or is not pretextual.As for plaintiff's contention that the demands are "overbroad [and] disproportionate" (DE #31 at 3), plaintiff has, with one exception, failed to explain in what respects the demands should be narrowed, nor has he made any showing that responding to the demands would be unduly burdensome. Plaintiff claims that the demands "do not exclude information where Mr. David was serving as the Governor's counsel." DE #31 at 3. The Court assumes that defendants' demands do not (and should not) extend to communications that predated plaintiff's employment with HRC, while he was employed as counsel to the Governor; however, as neither side has proffered a copy of the actual demands, the Court is unable to determine the temporal scope of the demands.For the foregoing reasons, the Court grants in large part defendants' motion to compel responses to the narrowed demands (DE #30) and directs the parties to confer in good faith to resolve any remaining issues regarding overbreadth and/or undue burden. A joint status report is due by October 12, 2022. Ordered by Magistrate Judge Roanne L. Mann on 9/23/2022. (Proujansky, Josh)
|
| Filing 32 Minute Entry for Settlement Conference held before Magistrate Judge Roanne L. Mann on 9/20/2022. The Court conducts a video settlement conference. The parties are directed to respond to the Court's settlement recommendation, via email, by 5:00 p.m. today. See attached. (Proujansky, Josh) |
|
ORDER re #32 Settlement Conference. All parties have now responded to the Court's settlement proposal. Unfortunately, there is no settlement. The parties should comply with the schedule previously set by the Court. Ordered by Magistrate Judge Roanne L. Mann on 9/20/2022. (Proujansky, Josh)
|
|
ORDER re #30 Letter MOTION to Compel filed by The Human Rights Campaign Foundation, The Human Rights Campaign. Time permitting, if the case is not resolved at the settlement conference on September 20, 2022, the Court will hear argument on defendants' motion to compel. Ordered by Magistrate Judge Roanne L. Mann on 9/19/2022. (Proujansky, Josh)
|
| Filing 31 RESPONSE to Motion re #30 Letter MOTION to Compel filed by All Plaintiffs. (Attachments: #1 Exhibit A) (Friedman, Linda) |
|
ORDER deferring ruling on #30 Motion to Compel. Plaintiff's response to defendant's motion to compel is due by September 12, 2022. Ordered by Magistrate Judge Roanne L. Mann on 9/9/2022. (Proujansky, Josh)
|
| Filing 30 Letter MOTION to Compel by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Exhibit A) (Parness, Evan) |
|
ORDER #28 Motion for Protective Order. As plaintiff has decided not to oppose the entry of defendants' proposed confidentiality order (see DE #28, #29), and the Court concludes that the language proposed is not unreasonable, the Court so-orders the referenced Protective Order (DE #28-1), with the following clarification: Section (j) does not apply to the Court's copies of confidential material. In addition, both sides are cautioned against over-designating material as confidential. Finally, counsel are reminded of the upcoming September 16th deadline for emailing to chambers documents critical to settlement discussions. See 7/7/22 Order. Ordered by Magistrate Judge Roanne L. Mann on 9/7/2022. (LK)
|
| Filing 29 RESPONSE to Motion re #28 Letter MOTION for Protective Order filed by Alphonso David. (Singer, Matthew) |
|
ORDER deferring decision on #28 Motion for Protective Order. Plaintiff's response to defendants' application is due by September 6, 2022. Ordered by Magistrate Judge Roanne L. Mann on 9/1/2022. (Ertzbischoff, Natasha)
|
| Filing 28 Letter MOTION for Protective Order by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Exhibit A - Proposed Protective Order) (Parness, Evan) |
|
ORDER #27 Motion for Hearing. The Court hesitates to schedule a settlement conference in August, given defendants' stated belief that such a conference would be premature at that point. A settlement conference will be held on September 20, 2022 at 10:15 a.m.; at the parties' request, the proceeding will be held remotely, with logistics to be provided as the date approaches. Clients must participate. By September 16, 2022, the parties shall submit to the Court, through chambers email account, with a copy served on opposing counsel, those documents that are critical to settlement discussions. Ordered by Magistrate Judge Roanne L. Mann on 7/7/2022. (LK)
|
| Filing 27 Joint MOTION for Hearing re #26 Set Deadlines,,,,, Initial Conference Hearing,,,, // Joint Letter Motion Requesting Settlement Conference by The Human Rights Campaign, The Human Rights Campaign Foundation. (Kaplan, Brian) |
| Filing 26 Minute Entry for Initial Conference Hearing held before Magistrate Judge Roanne L. Mann on 4/28/2022. The Court conducts a telephonic initial conference. By July 6, 2022, the parties must file a joint letter-motion requesting that the discovery schedule be held in abeyance (in the event the parties have agreed to settle the case) or requesting a settlement conference or a referral to court-annexed mediation, as well as indicating the parties' availability for settlement discussions. Pleadings for all parties may be amended as of right by June 10, 2022. Plaintiff's contemplated expert disclosures on race shall be served by December 2, 2022; defendants' rebuttal expert disclosures on race are due by January 13, 2023. The parties are to complete depositions for race experts by February 3, 2023. As discussed, the Court defers setting a schedule for any damages experts. Fact discovery must be completed by October 28, 2022. The parties have until February 17, 2023, to request a premotion conference before Judge Vitaliano. See attached. (Ertzbischoff, Natasha) |
| Filing 25 Proposed Scheduling Order - Initial Conference Questionnaire - by The Human Rights Campaign, The Human Rights Campaign Foundation (Askew, Kim) |
|
Filing 24
SCHEDULING ORDER: A telephonic initial conference will be held on April 28, 2022 at 11:15 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE. Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 2:00 p.m. on April 26, 2022.*** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. Ordered by Magistrate Judge Roanne L. Mann on 3/23/2022. (Proujansky, Josh)
|
|
ORDER granting #20 , #21 Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Magistrate Judge Roanne L. Mann on 3/23/2022. (Proujansky, Josh)
|
| Filing 23 NOTICE of Appearance by Jared Calvert on behalf of Alphonso David (notification declined or already on case) (Calvert, Jared) |
| Filing 22 NOTICE of Appearance by Linda D. Friedman on behalf of Alphonso David (notification declined or already on case) (Friedman, Linda) |
| Filing 21 MOTION to Appear Pro Hac Vice of Maria A. Garrett Filing fee $ 150, receipt number ANYEDC-15352783. by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Garrett, Maria) |
| Filing 20 MOTION to Appear Pro Hac Vice of Kim J. Askew Filing fee $ 150, receipt number ANYEDC-15352745. by The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Askew, Kim) |
| Filing 19 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15352215. by Alphonso David. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 Certificate of Good Standing) (Calvert, Jared) |
| Filing 18 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15352147. by Alphonso David. (Attachments: #1 Affidavit in Support of Pro Hac Vice Motion, #2 Certificate of Good Standing) (Friedman, Linda) |
| Filing 17 NOTICE of Appearance by Cherelle I Glimp on behalf of The Human Rights Campaign, The Human Rights Campaign Foundation (aty to be noticed) (Glimp, Cherelle) |
| Filing 16 NOTICE of Appearance by Evan David Parness on behalf of The Human Rights Campaign, The Human Rights Campaign Foundation (aty to be noticed) (Parness, Evan) |
| Filing 15 Corporate Disclosure Statement by The Human Rights Campaign, The Human Rights Campaign Foundation (Kaplan, Brian) |
| Filing 14 ANSWER to #1 Complaint with Affirmative Defenses by The Human Rights Campaign, The Human Rights Campaign Foundation. (Kaplan, Brian) |
| Filing 13 NOTICE of Appearance by Brian S. Kaplan on behalf of The Human Rights Campaign, The Human Rights Campaign Foundation (aty to be noticed) (Kaplan, Brian) |
|
ORDER granting #18 Motion for 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 3/7/2022. (LK)
|
|
ORDER granting #19 Motion for 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 3/7/2022. (LK)
|
| Filing 12 NOTICE of Appearance by Matthew J Singer on behalf of Alphonso David (notification declined or already on case) (Singer, Matthew) |
| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15320073. by Alphonso David. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Certificate of Good Standing) (Singer, Matthew) |
|
ORDER granting #11 Motion for 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 the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 2/24/2022. (LK)
|
| Filing 10 SUMMONS Returned Executed by Alphonso David. The Human Rights Campaign Foundation served on 2/15/2022, answer due 3/8/2022. (Glink, Shona) |
| Filing 9 SUMMONS Returned Executed by Alphonso David. The Human Rights Campaign served on 2/15/2022, answer due 3/8/2022. (Glink, Shona) |
| Filing 8 Summons Issued as to The Human Rights Campaign, The Human Rights Campaign Foundation. (Attachments: #1 Summons Issued) (Tavarez, Jennifer) |
| Filing 7 Proposed Summons. by Alphonso David (Glink, Shona) |
| Filing 6 Proposed Summons. by Alphonso David (Glink, Shona) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 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 3 Civil Cover Sheet.. Re #1 Complaint by Alphonso David (Glink, Shona) |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint by Alphonso David (Glink, Shona) |
| Filing 1 COMPLAINT Alphonso David against All Defendants filing fee $ 402, receipt number ANYEDC-15255005 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Alphonso David. (Glink, Shona) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Roanne L. Mann. 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) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet and Proposed Summons. Counsel is directed to forward a completed (2 Page Form)Civil Cover Sheet, answering all questions including the NY-E Division of Business Rule 50.1(d)(2) section on the second page. Please use the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
