Mathis v. Liberty Moving Co.
| Lee Mathis |
| Liberty Moving Co. and United Van Lines |
| Department of Health and Human Services |
| Edward Baer |
| 2:2008cv01163 |
| July 24, 2008 |
| US District Court for the Eastern District of New York |
| Civil Rights: Jobs Office |
| Nassau |
| E Thomas Boyle |
| Joanna Seybert |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2011. A more recent docket listing may be available from PACER.
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Filing 100
MEMORANDUM AND ORDER - For the foregoing reasons, the Court concludes that neither Liberty nor Plaintiff has proved a breach of contract. The net balance due and owing Plaintiff is $10,000 plus whatever interest has accrued while these funds were on deposit with the Court's registry. The Clerk of the Court is directed to take the steps necessary to release the $10,000 and its accrued interest to Plaintiff's counsel. So Ordered by Judge Joanna Seybert on 10/26/11. C/ECF; Certified copy of Order forwarded to Financial Department, Brooklyn Office. (Valle, Christine)
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| Filing 99 Letter To The Honorable Joanna Seybert, USDJ by Lee Mathis (Gallardo, Domingo) |
| Filing 98 Letter to the Hon. Joanna Seybert, U.S.D.J. by Liberty Moving Co. (Wright, George) |
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Filing 97
ORDER - For the reasons set forth herein, the Clerk of the Court is directed to release to Plaintiff's counsel, Domingo Gallardo, Esq., $20,000 plus two-thirds of the interest that has accumulated on the $30,000 that is currently being held in the Court's Registry in connection with this dispute. The Clerk shall hold the remaining funds in an interest-bearing account pending the Court's decision as to whether Plaintiff breached the Agreement a single time. So Ordered by Judge Joanna Seybert on 5/19/2011. C/ECF; Certified copy of Order forwarded to Financial Office, Brooklyn. (Valle, Christine)
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| Filing 96 Minute Entry for proceedings held before Judge Joanna Seybert: Evidentiary Hearing held on 5/18/2011. Post-hearing submissions due 5/25/2011; decision reserved. Court grants plaintiff's application for the release of $20,000 of the settlement funds deposited with the Clerk of Court. Order to be issued. (Court Reporters S. Picozzi, O. Wicker) (Baran, Charles) |
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Filing 95
ORDER - The parties appeared before this Court on May 11, 2011, to address an allegation by the Defendant that the confidentiality of the settlement was breached by the Plaintiff. In anticipation of a hearing on May 18, 2011, the Defendant was directed to deposit the $30,000. withheld from the Plaintiff with the Clerk of Court. The Clerk of Court is directed to accept the payment. The Clerk is further directed to hold the funds in an interest bearing account. So Ordered by Judge Joanna Seybert on 5/17/2011. C/ECF; Certified copy of Order forwarded to Financial Office, Brooklyn. (Valle, Christine)
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| Filing 94 Minute Entry for proceedings held before Judge Joanna Seybert:Status Conference held on 5/11/2011. Evidentiary Hearing set for 5/18/2011 at 10:00am in Courtroom 1030 before Judge Joanna Seybert. Defendant to deposit funds in question with the Clerk of Court. (Baran, Charles) |
| Set/Reset Hearings: Status Conference set for 5/11/2011 at 11:30am in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) |
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ORDER granting #89 Motion for Pre-Motion Conference. Ordered by Judge Joanna Seybert on 5/2/2011. (Baran, Charles)
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| Filing 93 Letter to the Hon. Joanna Seybert, U.S.D.J. by Liberty Moving Co. (Wright, George) |
| Filing 92 Letter response to 4-18-11 ltr from deft. Liberty by Lee Mathis (Gallardo, Domingo) |
| Filing 91 Letter to the Hon. Joanna Seybert, U.S.D.J. by Liberty Moving Co. (Wright, George) |
| Filing 90 Letter To Judge Joanna Seybert by Lee Mathis (Gallardo, Domingo) |
| Filing 89 MOTION for pre motion conference by Liberty Moving Co.. (Wright, George) |
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Filing 88
ORDER DISMISSING CASE Re: #87 Stipulation and Order of Discontinuance with Prejudice. So Ordered by Judge Joanna Seybert on 12/20/10. C/ECF (Valle, Christine)
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| Filing 87 STIPULATION of Dismissal (Stipulation and Order of Discontinuance with Prejudice) by Liberty Moving Co. (Wright, George) |
| Filing 86 Minute Entry for proceedings held before Judge Joanna Seybert: Settlement Conference held on 12/10/2010. Terms of settlement placed on the record. Plaintiff swears to his understanding and acceptance. Stipulation of discontinuance to be filed shortly. (Court Reporter E. Combs) (Baran, Charles) |
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ENDORSED ORDER re #85 Letter filed by Lee Mathis. Application is denied for lack of "good cause." Discovery has been extended on at least four prior occasions. Ordered by Magistrate Judge E. Thomas Boyle on 12/3/2010. (Joy, Dolores)
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| Filing 85 Letter to Hon. E. Thomas Boyle by Lee Mathis (Gallardo, Domingo) |
| Filing 84 Letter to Hon. E. Thomas Boyle by Lee Mathis (Gallardo, Domingo) |
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ORDER granting #83 Motion for Leave to Appear pro hac vice as to attorney Harry W. Wellford, Jr. Mr. Wellford is permitted to argue or try this case in whole or in part as counsel or advocate. Mr. Wellford shall register for ECF. Registration is available online at the E.D.N.Y. homepage. Once registered, Mr. Wellford shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge E. Thomas Boyle on 11/8/2010. (Joy, Dolores)
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| Filing 83 MOTION for Leave to Appear Pro Hac Vice Pro Hac Vice Filing fee $ 25, receipt number 0207-4450393. by United Van Lines. (Attachments: #1 Affidavit Harry Wellford Jr. in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order, #3 Letter to Judge Boyle encl. courtesy copy of motion) (Rosenblatt, Keith) |
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ENDORSED ORDER granting #82 Motion for Extension of Time to initiate a summary judgment motion before Judge Seybert to December 31, 2010. Ordered by Magistrate Judge E. Thomas Boyle on 10/20/2010. (Joy, Dolores)
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| Filing 82 MOTION for Extension of Time to File Summary Judgment Motions by Liberty Moving Co., United Van Lines. (Wright, George) |
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Filing 81
ORDER Re: #80 Affidavit filed by Liberty Moving Co., United Van Lines. Application GRANTED. The Clerk of Court is directed to update the docket. Attorney Keith J. Rosenblatt for United Van Lines added. Attorney George W. Wright for United Van Lines terminated. So Ordered by Judge Joanna Seybert on 10/12/10. C/ECF (Valle, Christine)
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ENDORSED ORDER denying #78 Motion for Extension of Time to File. Application is denied for failure to set forth "good cause." SEE Rule 16(b), Fed. R. Civ. P. Ordered by Magistrate Judge E. Thomas Boyle on 10/8/2010. (Joy, Dolores)
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ENDORSED ORDER re #79 Letter. Application is denied. There is no entitlement to the relief requested. Ordered by Magistrate Judge E. Thomas Boyle on 10/12/2010. Plaintiff's counsel is directed to notify all parties of this order upon receipt. (c/m to Suely Vera) (Joy, Dolores)
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| Filing 80 AFFIDAVIT/AFFIRMATION Pursuant to Local Civil Rule 1.4 by Liberty Moving Co., United Van Lines (Wright, George) |
| Filing 79 Letter Mag. Judge Boyle from Suely Vera dated 10/1/10; In re: Notification to the court that I Suely Vera, was subpoenaed to testify on the above mentioned case on behalf of defendants. Plaintiff's Attorney is refusing to pay work day wage loss. I am objecting to comply. I cannot afford it. Please advise. (Lundy, Lisa) |
| Filing 78 MOTION for Extension of Time to File Summary Judgment Motions by Liberty Moving Co., United Van Lines. (Wright, George) |
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Filing 77
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Motion Hearing held on 9/9/2010 re #67 MOTION to Compel Norman P. Haywood, D.O., P.C. to Produce Records Pursuant to Subpoena filed by Liberty Moving Co., United Van Lines, #72 Letter MOTION for Discovery filed by Liberty Moving Co., United Van Lines, #74 MOTION for Extension of Time to Complete Discovery via letter to Hon. E. Thomas Boyle filed by Lee Mathis, #73 MOTION to Compel Social Security Administration to Produce Records Pursuant to Subpoena filed by Liberty Moving Co., United Van Lines, #63 MOTION to Compel New York State Workers Compensation Board to Produce Records Pursuant to Subpoena filed by Liberty Moving Co., United Van Lines, #62 MOTION to Compel U.S. Department of Health & Human Services to Produce Medicare Records Pursuant to Subpoena filed by Liberty Moving Co., United Van Lines, Final Pretrial Conference held on 9/9/2010, Pre-trial Order suspended pending the outcome of motion for summary judgment; Discovery is certified as completed as of 8/30/10 however the parties are free to engage in further discovery on a voluntary basis as agreed to on the record. Any party seeking to move for summary judgment shall do so, consistent with Judge Seybert's rules, on or before 11/30/10. The pending applications are denied for the reasons state on the record. ( Status Conference set for 4/20/2011 02:00 PM before Magistrate Judge E. Thomas Boyle.) (So ordered by Mag. Judge Boyle on 9/9/10). (Tape #2:20-2:36, 4:16-4:35.) (Lundy, Lisa)
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Filing 76
SCHEDULING ORDER: Oral argument pertaining to all matters pending before the undersigned shall be heard on September 9, 2010 at 2:00 p.m. before E. Thomas Boyle, United States Magistrate Judge, in Courtroom 830, Alfonse M. D'Amato U.S. Courthouse, Central Islip, New York. All counsel shall be present. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 9/7/2010. (Joy, Dolores)
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| Filing 75 REPLY in Opposition re #74 MOTION for Extension of Time to Complete Discovery via letter to Hon. E. Thomas Boyle filed by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 74 MOTION for Extension of Time to Complete Discovery via letter to Hon. E. Thomas Boyle by Lee Mathis. (Gallardo, Domingo) |
| Filing 73 MOTION to Compel Social Security Administration to Produce Records Pursuant to Subpoena by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 72 Letter MOTION for Discovery by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 71 AFFIDAVIT/DECLARATION in Support re #62 MOTION to Compel U.S. Department of Health & Human Services to Produce Medicare Records Pursuant to Subpoena filed by Liberty Moving Co., United Van Lines. (Attachments: #1 Affidavit of Service) (Wright, George) |
| Filing 70 Letter to the Hon. E. Thomas Boyle, U.S.M.J. withdrawing defendants' motion to enforce Subpoena to Dr. Norman P. Haywood (Doc. 67) by Liberty Moving Co., United Van Lines (Wright, George) |
| Filing 69 MEMORANDUM in Opposition re #67 MOTION to Compel Norman P. Haywood, D.O., P.C. to Produce Records Pursuant to Subpoena (U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO COMPEL PRODUCTION OF SUBSTANCE ABUSE TREATMENT RECORDS, IF ANY) filed by Department of Health and Human Services. (Lipari, Vincent) |
| Filing 68 AFFIDAVIT/DECLARATION in Opposition re #67 MOTION to Compel Norman P. Haywood, D.O., P.C. to Produce Records Pursuant to Subpoena (DECLARATION OF ASSISTANT U.S. ATTORNEY VINCENT LIPARI WITH ATTACHED EXHIBITS) filed by Department of Health and Human Services. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Lipari, Vincent) |
| Filing 67 MOTION to Compel Norman P. Haywood, D.O., P.C. to Produce Records Pursuant to Subpoena by Liberty Moving Co., United Van Lines. (Attachments: #1 Affidavit in Support of George W. Wright, Esq., #2 Certificate of Service) (Wright, George) |
| Filing 66 CERTIFICATE OF SERVICE by Lee Mathis re #65 Scheduling Order, served pursuant to said Order on all counsel (Waldren, Rebecca) |
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Filing 65
SCHEDULING ORDER: The conference previously scheduled for September 9, 2010 at 2:00 p.m. by telephone shall take place in person instead. All counsel shall be present. Plaintiff's counsel is directed to serve a copy of this order on all counsel upon receipt. Ordered by Magistrate Judge E. Thomas Boyle on 8/13/2010. (Joy, Dolores)
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| Filing 64 MOTION for Extension of Time to File (Serve Local Rule 56.1 statements) by Liberty Moving Co., United Van Lines. (Wright, George) |
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ENDORSED ORDER denying #60 Motion for Pre Motion Conference. Application is denied for lack of "good cause." The plaintiff has already been deposed for a period of 8 3/4 hours on two occasions. That should be more than adequate to address the issues in this non-complex discrimination action. Ordered by Magistrate Judge E. Thomas Boyle on 8/12/2010. (Joy, Dolores)
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| Filing 63 MOTION to Compel New York State Workers Compensation Board to Produce Records Pursuant to Subpoena by Liberty Moving Co., United Van Lines. (Attachments: #1 Affidavit in Support of George W. Wright, #2 Affidavit of Service) (Wright, George) |
| Filing 62 MOTION to Compel U.S. Department of Health & Human Services to Produce Medicare Records Pursuant to Subpoena by Liberty Moving Co., United Van Lines. (Attachments: #1 Affidavit in Support, #2 Affidavit of Service) (Wright, George) |
| Filing 61 MOTION for pre motion conference (re application to compel plaintiff to (1) submit to defense IME and (2) provide three signed authorizations for release of medical records) by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 60 MOTION for pre motion conference by Liberty Moving Co., United Van Lines. (Wright, George) |
| Motions terminated, docketed incorrectly: document #58 Letter in opposition to motion for extension of time to complete discovery. (Lundy, Lisa) |
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Filing 59
ORDER granting #54 Motion to Compel. The non-party witness, Milton Walker, is directed to appear at the United States District Court in Central Islip, New York, at a mutually convenient time and date on or before August 13, 2010, for a continued deposition - limited to no more than three (3) hours. Mr. Walker shall produce at the continued deposition copies of all records requested in the original subpoena, dated March 30, 2010, as well as the documents requested at the initial deposition held on April 23, 2010. Ordered by Magistrate Judge E. Thomas Boyle on 7/30/2010. Defendants' counsel is directed to serve a copy of this order on all parties upon receipt. (Joy, Dolores)
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| Filing 58 Letter MOTION for Extension of Time to Complete Discovery in Oppostion by Lee Mathis. (Attachments: #1 Exhibit A, #2 Exhibit B) (Donnelly, Emmet) |
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ENDORSED ORDER denying #57 Motion for Discovery; terminating #58 Motion for Extension of Time to Complete Discovery. This application is denied without prejudice to renewal in compliance with Local Civil Rule 37.3(a). Ordered by Magistrate Judge E. Thomas Boyle on 7/30/2010. (Joy, Dolores)
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| Filing 57 MOTION for Discovery (enlarge plaintiff's deposition time) by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 56 REPLY in Support re #54 MOTION to Compel Non-Party Deposition Pursuant to Subpoena Duces Tecum (Letter to Hon. E. Thomas Boyle, U.S.M.J.) filed by Liberty Moving Co., United Van Lines. (Wright, George) |
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ENDORSED ORDER denying #55 Motion to Compel. As a member of the bar of the E.D.N.Y. counsel is authorized to issue subpoenae. Enforcement, if any is necessary, may be made to the undersigned. Ordered by Magistrate Judge E. Thomas Boyle on 7/22/2010. (Joy, Dolores)
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| Filing 55 MOTION to Compel So-Ordering of Subpoenas by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 54 MOTION to Compel Non-Party Deposition Pursuant to Subpoena Duces Tecum by Liberty Moving Co., United Van Lines. (Attachments: #1 Certificate of Service, #2 Affidavit of George W. Wright, Esq., #3 Memorandum in Support) (Wright, George) |
| Filing 53 REQUEST for Production of Documents by Lee Mathis. (Attachments: #1 Affidavit) (Donnelly, Emmet) |
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ENDORSED ORDER granting #52 Motion for Extension of Time to Complete Discovery for an additional 60 days. Application is granted. No further extensions. Ordered by Magistrate Judge E. Thomas Boyle on 6/9/2010. (Joy, Dolores)
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| Filing 52 MOTION for Extension of Time to Complete Discovery by Lee Mathis. (Donnelly, Emmet) |
| Filing 51 Letter to the Hon. E. Thomas Boyle, U.S.M.J. by Liberty Moving Co., United Van Lines (Wright, George) |
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Filing 50
Minute Order. for proceedings held before Magistrate Judge E. Thomas Boyle:by phone; For the reasons stated on the record. 1) Plaintiff shall provide defendants with medical authorizations with respect to all medical records, except any psych/social work therapy, within ten (10)days. In the evnet that plaintiff is unable to segregate out any psych/social work therapy, then all medical records, including this relating to emotional distress, shall be provided within that same ten (10)day period, as stipulated to on March 24, 2010 in this court; 2) The application to compel the deposition testimony of the plaintiff's spouse, Renee Mathis, is granted, without opposition. The failure to comply with this order will expose Ms. Mathis to sanctions. 3) As per the parties' stipulation on March 24, 2010, the plaintiff shall submit to an additional deposition of one (1) hour. terminating #47 Motion for Extension of Time to Complete Discovery; terminating #48 Motion for TRO; Status Conference held on 4/20/2010. (So ordered by Mag. Judge Boyle on 4/20/10. (Tape #10:23-11:02.) (Lundy, Lisa)
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| Filing 49 RESPONSE in Opposition re #48 Letter MOTION for Temporary Restraining Order filed by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 48 Letter MOTION for Temporary Restraining Order by Lee Mathis. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Waldren, Rebecca) |
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SCHEDULING ORDER: A telephone conference shall be held on April 20, 2010 at 10:00 a.m. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 4/13/2010. (Joy, Dolores)
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| Filing 47 Letter MOTION for Extension of Time to Complete Discovery i.e, Provide Authorizations by Lee Mathis. (Waldren, Rebecca) |
| Filing 46 Letter Hon. E. Thomas Boyle, U.S.M.J. by Liberty Moving Co., United Van Lines (Attachments: #1 Cover letter, #2 Notice of Motion to Compel Depositio, #3 Affidavit Moving Affidavit of George W. Wright, #4 Affidavit Supporting Affidavit of Dominicana Soto, #5 Exhibit A and B, #6 Affidavit of Service, #7 Memorandum in Support) (Wright, George) |
| Filing 45 Letter to Hon. E. Thomas Boyle, U.S.M.J. by Liberty Moving Co., United Van Lines (Wright, George) |
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Filing 44
Minute Order. for proceedings held before Magistrate Judge E. Thomas Boyle:withdrawing #37 Motion for Discovery; withdrawing #38 Motion for Discovery; withdrawing #40 Motion for Discovery; Pre Motion Conference held on 3/24/2010; ( Discovery due by 6/30/2010., Proposed Pretrial Order due by 7/30/2010., Final Pretrial Conference by phone set for 9/9/2010 02:00 PM before Magistrate Judge E. Thomas Boyle.). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). The parties report that they have satisfactorily resolved the pending motion and cross motion re: discovery. Accordingly these motions are deemed withdrawn without prejudice to renewal. (So ordered by Mag. Judge Boyle on 3/24/10). (Lundy, Lisa)
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ORDER denying #43 Motion to Take Deposition from Renee Brown Mathis. Application is denied without prejudice to renewal on notice to the non-party together with a copy of any subpoena with proof of service. Ordered by Magistrate Judge E. Thomas Boyle on 3/22/2010. (Joy, Dolores)
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| Filing 43 MOTION to Take Deposition from Mrs. Renee Brown Mathis (Subpoena) by Liberty Moving Co., United Van Lines. (Wright, George) |
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Filing 42
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Pre Motion Conference held on 3/11/2010, ( Pre Motion Conference set for 3/24/2010 01:30 PM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.) (So ordered by Mag. Judge Boyle on 3/11/10). (Lundy, Lisa)
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ORDER re #41 Confidentiality Stipulation and Order. SO ORDERED. Ordered by Magistrate Judge E. Thomas Boyle on 3/9/2010. (Joy, Dolores)
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| Filing 41 STIPULATION Confidentiality Stipulation and Order by Liberty Moving Co., United Van Lines (Wright, George) |
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SCHEDULING ORDER re [36-40]: A pre-motion conference shall be held on March 11, 2010 at 10:00 a.m. All counsel shall be present. Ordered by Magistrate Judge E. Thomas Boyle on 3/1/2010. Plaintiff's counsel is directed to notify all counsel of this order upon receipt. (Joy, Dolores)
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| Filing 40 Letter MOTION for Discovery [pursuant to Civ. Rule 37.3 to request an Order pursuant to (1) Fed.R.Civ.P. 35 directing plaintiff to be examined by a medical expert designated by defendants and (2) Fed.R.Civ.P. 37(d)(1) extending plaintiff's deposition time by at least one hour] by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 39 Letter to Hon. E. Thomas Boyle, U.S.D.M.J. by Liberty Moving Co., United Van Lines (Wright, George) |
| Filing 38 Letter MOTION for Discovery (request for (1) leave to file reply letter and (2) for an in-Court confernce to address discovery disputes) by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 37 Letter MOTION for Discovery - Request for Court Telephone Conference by Lee Mathis. (Waldren, Rebecca) |
| Filing 36 Letter to the Hon. E. Thomas Boyle, U.S.M.J. by Liberty Moving Co., United Van Lines (Wright, George) |
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ORDER terminating #34 Motion for Extension of Time to Complete Discovery; See scheduling order document #35.. Ordered by Magistrate Judge E. Thomas Boyle on 12/22/2009. (Lundy, Lisa)
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Filing 35
SCHEDULING ORDER: There will be no further extensions; See order dated 7/17/08 at 2 No 4.. Ordered by Magistrate Judge E. Thomas Boyle on 12/22/2009. (Lundy, Lisa)
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| Filing 34 MOTION for Extension of Time to Complete Discovery to Magistrate E. Thomas Boyle by Lee Mathis. (Attachments: #1 Exhibit) (Kasschau, Jared) |
| Filing 33 ANSWER to #32 Amended Complaint (Third) by Liberty Moving Co., United Van Lines. (Wright, George) |
| Filing 32 AMENDED COMPLAINT Third Amended Complaint against Liberty Moving Co., United Van Lines, filed by Lee Mathis. (Attachments: #1 Exhibit) (Kasschau, Jared) |
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ENDORSED ORDER granting #30 Motion to Amend/Correct/Supplement. The application to file the third amended complaint (plaintiff appeared pro se as to all prior pleadings) is granted without opposition. Since plaintiff is now represented by counsel, discovery is extended to 12/31/09. This includes any expert disclosure under Rule 26(a)(2). Plaintiff shall serve this third amended complaint by 9/9/09. Defendants shall respond within 10 business days. Any motion for summary judgment shall be initiated, consistent with Judge Seybert's rules, by 2/1/10. A joint pre-trial order shall be filed also by 2/1/10. The final conference is scheduled for 3/17/10 at 2:00 p.m. by phone. Plaintiff's counsel shall initiate the call and have all counsel on the line before connecting the court (631-712-5710). The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). Ordered by Magistrate Judge E. Thomas Boyle on 9/3/2009. Plaintiff's counsel is directed to notify all counsel of this order upon receipt. (Joy, Dolores)
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| Filing 31 MOTION to Amend/Correct/Supplement #30 Letter MOTION to Amend/Correct/Supplement to Grant Leave to Amend Plaintiff's Complaint via letter to Judge Seybert by Lee Mathis. (Attachments: #1 Notice of Motion, #2 Exhibit) (Kasschau, Jared) |
| Filing 30 Letter MOTION to Amend/Correct/Supplement to Grant Leave to Amend Plaintiff's Complaint by Lee Mathis. (Attachments: #1 Proposed Third Amended Complaint) (Kasschau, Jared) |
| Filing 29 NOTICE of Appearance by Jared Andrew Kasschau on behalf of Lee Mathis (aty to be noticed) (Kasschau, Jared) |
| Email Notification Test - DO NOT REPLY. (Valle, Christine) |
| Filing 28 NOTICE of Appearance by Domingo R. Gallardo on behalf of Lee Mathis (aty to be noticed) (Gallardo, Domingo) |
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Filing 27
ORDER granting #25 Motion to Appoint Counsel. The Pro Se Office for this judicial district is directed to request pro bono counsel for plaintiff in accordance with the Pro Bono Panel's procedures. SO ORDERED. Ordered by Judge Joanna Seybert on 7/6/2009. cm (Brienza, Lauren)
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Filing 26
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle: Plaintiff No appearance No communication with the court; Defendant George W. Wright;Status Conference held on 6/30/2009, ( Discovery due by 8/31/2009., Final Pretrial Conference by phone set for 9/3/2009 02:00 PM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service(e.g., AT&T, MCI, Sprint). The conference previously scheduled for July 15, 2009 at 2:00 p.m is canceled. Plaintiff shall submit to a deposition at the defendant's request. (So ordered by Mag. Judge Boyle on 6/30/09).(Tape #2:19-2:25.) (Lundy, Lisa) c/m
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Filing 24
ORDER granting 21 Motion to Withdraw; granting #23 Motion to Withdraw as Attorney. Attorney David M. Cohen terminated. Application GRANTED. The Clerk of the Court is directed to update the docket. ( Ordered by Judge Joanna Seybert on 5/22/2009.) (Fagan, Linda)
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| Filing 23 MOTION to Withdraw as Attorney for plaintiff filed by David M. Cohen by Lee Mathis. (Cohen, David) |
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ORDER terminating #19 Motion for Discovery. Ordered by Magistrate Judge E. Thomas Boyle on 5/19/2009. (Lundy, Lisa) Modified on 10/6/2009 to edit the file date. (Mahon, Cinthia).
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Filing 22
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Status Conference held on 5/19/2009, ( Status Conference set for 6/30/2009 02:00 PM in Courtroom 830 before Magistrate Judge E. Thomas Boyle.)(So ordered by Mag. Judge Boyle on 5/19/09). (Tape #2:38-2:56.) (Lundy, Lisa)
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Filing 20
SCHEDULING ORDER re #19 : A conference in the above-captioned case shall be held at 2:30 p.m. on May 19, 2009 before E. Thomas Boyle, United States Magistrate Judge, in United States District Court, Alfonse M. D'Amato U.S. Courthouse (Courtroom 830), Central Islip, New York. All counsel, together with plaintiff, shall be present. Plaintiff's counsel is advised that he has full professional responsibility as counsel to the plaintiff unless and until he is relieved by court order. Local Civil Rule 1.4.Defendants' counsel is directed to serve a copy of this Order on all counsel appearing in this case, as well as plaintiff. Ordered by Magistrate Judge E. Thomas Boyle on 5/15/2009. (Joy, Dolores)
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| Filing 25 MOTION to Appoint Counsel by Lee Mathis. (Fagan, Linda) |
| Filing 19 Letter MOTION for Discovery by United Van Lines, Liberty Moving Co.. (Wright, George) Modified on 10/6/2009 (Mahon, Cinthia). |
| SELECTION OF MEDIATOR Edward Baer rep by Edward Baer selected as Mediator. The first mediation session will begin on 2/26/2009 at 10:30AM in the Central Islip Courthouse of the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722. Please go directly to the Clerk's Office for the conference room assignment. On or before 2/12/2009, Counsel shall file with the mediator their client's mediation statement summarizing facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial counsel, insurance adjustor, and client representative with full settlement authority. The Confidentiality Stipulation which is found on the Court's website at "nyed.uscourts.gov/adr" will be signed at the mediation session by all participants and the mediator and then returned to the ADR Administrator, Gerald P. Lepp, fax (718) 613-2368. Contact information for the Mediator is: Edward Baer, 12 Yorkshire Road, Rockville Centre, NY 11570; telephone (718) 678-4321; fax (815) 642-4001; email address "ebaer@optonline.net". |
| Filing 18 Letter to Gerald P. Lepp, Esq. by United Van Lines, Liberty Moving Co. (Chang, Lee) |
| MEDIATION INSTRUCTIONS sent to Counsel. Letter of Instructions can be found on the ADR website "www.nyed.uscourts.gov/adr", under Mediation, Mediation Documentation to Download (or follow the link: www.nyed.uscourts.gov/adr/Mediation/Mediation__Documents/loi.pdf ). By 1/5/2009, Counsel are to select a Mediator, schedule the first mediation session, and electronically file (ECF) and confirm in writing to the ADR Administrator, Gerald P. Lepp, the name of the mediator, and the date, time, and place of the first mediation session. For a list of the EDNY Mediators and their qualifications, see "www.nyed.uscourts.gov/adr". The Confidentiality Stipulation which can also be found on the ADR website is to be signed at the mediation session by all participants, including the mediators, and sent by FAX (718) 613-2368 to the ADR Administrator. In accordance with Administrative Order 2004-08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases (pro se cases are excluded). (Luo, Xue) |
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Filing 17
ORDER REFERRING CASE to Mediation. IT IS ORDERED that the above entitled case is referred to Mediation pursuant to the Eastern District of New York Local Civil Rule 83.11. Mediation shall be completed by March 30, 2009. There is no stay of discovery. SEE order for further details. Selection of Mediator due by 1/5/2009.Ordered by Magistrate Judge E. Thomas Boyle on 12/17/08. (c/m to plaintiff) (Joy, Dolores)
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Filing 16
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Initial Pretrial Conference held on 12/17/2008, ( Discovery due by 6/30/2009., Proposed Pretrial Order due by 7/17/2009 Plaintiff a list of trial witnesses for trial)., Final Pretrial Conference by phone set for 7/15/2009 02:00 PM before Magistrate Judge E. Thomas Boyle.) The conference call should be made through the teleconference operator provided by your long-distance service (e.g., AT&T, MCI, Sprint). This action is referred to Mediation Pursuant to section 83.11 of the Local Civil Rules. (so ordered by Mag. Judge Boyle on 12/17/08). c/m (Tape #11:13-11:23.) (Lundy, Lisa)
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| Filing 15 ANSWER to #10 Amended Complaint by United Van Lines, Liberty Moving Co.. (Wright, George) |
| Filing 14 SUMMONS RETURNED EXECUTED by Lee Mathis. United Van Lines served on 11/25/2008, answer due 12/15/2008; Liberty Moving Co. served on 11/25/2008, answer due 12/15/2008. (Mierzejewski, Elizabeth) |
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Filing 13
Minute Entry for proceedings held before Magistrate Judge E. Thomas Boyle:Plaintiff pro-se Lee Mathis; Defendant No appearance;Initial Pretrial Conference held on 11/21/2008, ( Initial Conference set for 12/17/2008 01:30 PM before Magistrate Judge E. Thomas Boyle.) (So ordered by Mag. Judge Boyle on 11/21/08). (Tape #11:35-11:44.) (Lundy, Lisa)
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| Summons Issued as to United Van Lines, Liberty Moving Co.. (Glueckert, Lisa) |
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Filing 12
SCHEDULING ORDER: The initial conference previously set for October 1, 2008 at 9:30 a.m. before the undersigned, has been rescheduled for November 21, 2008 at 11:00 a.m. at the Alfonse M. D'Amato U.S. Courthouse, Courtroom 830, Central Islip, New York. All counsel shall be present. SEE order for further details. Ordered by Magistrate Judge E. Thomas Boyle on 9/25/08. (c/m to plaintiff) (Joy, Dolores)
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Filing 11
MEMORANDUM AND ORDER - The Court ORDERS that the United States Marshal Service shall serve the Summons, Second Amended Complaint, and a copy of this Order upon Dfts without Pltff's payment therefor; however, unpaid fees are recoverable if this action terminates by monetary award in Pltff's favor. Ordered by Judge Joanna Seybert on 9/19/08. C/M (Valle, Christine)
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| Filing 10 AMENDED COMPLAINT with Jury Trial Demand against United Van Lines, Liberty Moving Co., filed by Lee Mathis. (Valle, Christine) |
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Filing 9
ORDER granting #8 Motion for Leave to Proceed in forma pauperis. Plaintiff's application to proceed in forma pauperis is GRANTED. For the reasons set forth in this Court's April 28, 2008 Order, the Amended Complaint is DISMISSED with leave to amend no later than August 29, 2008. If plaintiff fails to submit an Amended Complaint by August 29, 2008, the Amended Complaint will be dismissed with prejudice, and the case will be closed. So Ordered. ( Ordered by Judge Joanna Seybert on 7/24/08.) c/m c/ecf (Fagan, Linda)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Lee Mathis. (Valle, Christine) |
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Filing 7
SCHEDULING ORDER: Initial Conference set for 10/1/2008 09:30 AM before Magistrate Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Magistrate Judge E. Thomas Boyle on 7/17/08. C/M (Lundy, Lisa)
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| Filing 6 AMENDED COMPLAINT with Jury Demand against United Van Lines, Liberty Moving Co., filed by Lee Mathis. (Valle, Christine) |
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Filing 5
MEMORANDUM AND ORDER - For the reasons set forth herein, Pltff's #2 motion for leave to proceed in forma pauperis is DENIED with leave to renew, and Pltff's Complaint is DISMISSED with leave to amend no later than 5/30/08. If Pltff fails to submit an Amended Complaint by 5/30/08, the Complaint will be dismissed with prejudice, and the case will be closed. Ordered by Judge Joanna Seybert on 4/28/08. C/M (Valle, Christine)
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Filing 4
SCHEDULING ORDER: Initial Conference set for 7/17/2008 09:30 AM before Magistrate Judge E. Thomas Boyle. See order for further instructions. Counsel for Plaintiff(s) or Plaintiff pro se is obligated to serve a copy of this order on each defendant.. Ordered by Magistrate Judge E. Thomas Boyle on 3/25/08. C/M (Lundy, Lisa)
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| Filing 3 Letter from Lorraine Sapienza to Pro Se Litigant dated 3/24/08 Re: To acknowledge receipt of Pltff's Civil Complaint. (Valle, Christine) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lee Mathis. (Serret, Liliana) |
| Filing 1 COMPLAINT against Liberty Moving Co., filed by Lee Mathis. (Attachments: #1 Civil Cover Sheet) (Serret, Liliana) |
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