Gahfi v. City of New York et al
| Hadar Gahfi |
| CITY OF NEW YORK, New York City Department of Education and Shenean Lindsay |
| 1:2023cv01782 |
| March 8, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 First MOTION to Dismiss for Failure to State a Claim by City of New York, Shenean Lindsay, New York City Department of Education. (Attachments: #1 Notice of Motion, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10) (Kemp, Cameron) |
ORDER of Partial Remand re: #10 . Rule 21 is not sufficient to address this situation, as severance by itself would simply turn one federal case into two federal cases, one for employment discrimination and one for negligence. The Court still would not have subject matter jurisdiction over the severed negligence claims because, as the parties acknowledge, those claims arise out of "a distinct factual scenario" from the employment discrimination claims over which this Court has subject matter jurisdiction, and there is no basis for supplemental or original federal jurisdiction over the negligence claims. The proper remedy is set forth in 28 U.S.C. 1441(c), which provides that upon removal of an action in which the Court has jurisdiction over some but not all of the claims in the state court complaint, the Court should remand to state court those claims over which it lacks subject matter jurisdiction. Accordingly, the Clerk of Court is directed to remand only the Thirteenth and Fourteenth Causes of Action of the complaint (Negligence and Negligent Training, Supervision, and Retention, respectively), and only those claims, to the Supreme Court of the State of New York, County of Kings, Index No. 535027/2022. The remaining claims shall proceed in this Court pursuant to the scheduling order previously entered. Ordered by Judge Brian M. Cogan on 5/2/2023. (PW)
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| Filing 10 Letter Severance by Hadar Gahfi (Tamir, Zaki) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 4/18/2023. All parties appeared by telephone. The Court stayed its 4/6/2023 order imposing sanction on plaintiff's counsel. Defendants' motion to dismiss due by 5/2/2023. Plaintiff's amended complaint, if any, due by 5/12/2023. The Court set the following discovery schedule: parties to exchange Rule 26(a)(1) disclosures by 5/19/2023; serve written discovery requests by 6/2/2023; produce written discovery by 7/7/2023; complete fact depositions by 8/21/2023, the date fact discovery ends. The last day for filing a letter requesting a pre-motion conference to file dispositive motions shall be 8/28/2023. (PW) |
| Filing 9 CASE MANAGEMENT STATEMENT Civil case management plan (Tamir, Zaki) |
| Filing 8 Letter status letter by Hadar Gahfi (Tamir, Zaki) |
| Filing 7 Letter by Defendants in connection with Initial Status Conference by City of New York, Shenean Lindsay, New York City Department of Education (Kemp, Cameron) |
| MINUTE ENTRY AND ORDER for Initial Status Conference held on 4/6/23 before Judge Brian M. Cogan. No appearance by plaintiff, counsel for defendant appeared. At the Court's request, counsel for defendants attempted to reach counsel for plaintiff but received an auto-reply that his office is closed for Passover. The Court would certainly have reset the conference to accommodate the holiday if plaintiff's counsel had requested, but what counsel could not do is ignore this Court's scheduling order. This conference was set a month ago so plaintiff's counsel had plenty of time to request an adjournment. The Court therefore sanctions plaintiff's counsel in the amount of $250 pursuant to Fed. R. Civ. P. 16(f), payable to the Clerk of the Court within 14 days of entry of this Order, with proof of payment filed in this action, failing which additional sanctions may be imposed. In addition, the Court admonished defense counsel for failing to work with plaintiff's counsel to submit a joint summary letter and case management plan as required by this Court's scheduling order. The attorneys are simply going to have to start paying attention to this case and this Cour's Orders. Defendants' counsel was further advised that no discovery delay will be granted based on defendant's employees being out of town for the summer and she should ensure the availability of necessary witnesses for the summer now.The conference is reset to 4/18/2023 at 1:00 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1782#. The parties should expect to be placed on an expedited discovery schedule to make up for the time they have wasted. (PW) |
| Set/Reset Hearing: Initial Status Conference set for 10:00 am on 4/6/2023 is reset to 10:45 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1782#. (PW) |
| Filing 6 First MOTION for Extension of Time to File Response/Reply by City of New York, Shenean Lindsay, New York City Department of Education. (Kemp, Cameron) |
| Filing 5 NOTICE of Appearance by Cameron N Kemp on behalf of All Defendants (aty to be noticed) (Kemp, Cameron) |
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Filing 4
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 4/6/2023 at 10:00 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 1782#. See attached mandatory requirements for the conference.Ordered by Judge Brian M. Cogan on 3/16/2023. (PW)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
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ORDER denying #6 . The Court is not giving defendant eight weeks to "investigate" this straightforward case. Discovery will be well underway by then. If they want to adjourn the initial status conference, they need to show what efforts they have undertaken to investigate and why the amount of time is insufficient. It seems to the Court that all defendants need to do to comply with this Court's scheduling order is have counsel talk to a few employees and review plaintiff's and one witness's personnel files. The Court wants the bulk of discovery in this case to be done by early June because we all know what's going to happen then with defendants' witnesses.As far the answer, defendants can have until 5/8/23 to answer because "[i]n truth, the answer in a civil action is the most useless paper in the courthouse." Alexander By and Through Alexander v. Richardson-Merrell Inc., 541 F.Supp. 93, 94 (S.D.N.Y. 1982). The joint letter that the parties will submit before the initial conference will be much more useful in planning the expedited discovery that will occur here than defendants' answer. Ordered by Judge Brian M. Cogan on 3/16/2023. (PW)
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| Case Assigned to Judge Brian M. Cogan. 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. (KD) |
| This case has been opened in the Eastern District of New York. 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by CITY OF NEW YORK, New York City Department of Education ( Filing fee $ 402 receipt number ANYEDC-16478814) (Attachments: #1 Civil Cover Sheet) (Sullivan, Donald) |
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