Lavender v. Verizon Inc. et al
| Eileen S. Lavender |
| Peter Alagna, Michael Deugan, Verizon Inc, Unknown at this time Manager Fios, Ken Monfredo, Michael Dzugan, Verizon New York Inc. and Fios Manager Unknown Name |
| Joseph DiBenedetto |
| 2:2017cv06687 |
| November 14, 2017 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R Lindsay |
| Joanna Seybert |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 1201 Civil Rights (Disability) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2023. A more recent docket listing may be available from PACER.
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Filing 44
Certified Mail Receipt Re: Article No. 7018 0680 0001 0721 4575 addressed to Eileen S. Lavender. (Valle, Christine)
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Filing 43
ORDER re #40 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/15/2019. c/ecf, c/m to Pltf by Cert Mail RR#70180680000107214575 (Imrie, Robert) (Main Document 43 replaced on 8/15/2019) (Imrie, Robert).
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Filing 42
Letter REPLY to #41 RESPONSE in Opposition re #40 MOTION for Discovery MOTION to Unseal Document filed by Eileen S. Lavender. (Florio, Lisa)
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Filing 41
RESPONSE in Opposition re #40 MOTION for Discovery MOTION to Unseal Document filed by All Defendants. (Attachments: #1 Exhibit A) (Cagney, Erika)
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Filing 40
MOTION for Discovery , MOTION to Unseal Document by Eileen S. Lavender. (Valle, Christine)
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Filing 39
ORDER re #37 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 6/12/2019. c/ecf, C/M to Pltf via FedEx #862931279220 (Imrie, Robert)
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AMENDED SCHEDULING ORDER: The scheduling order is modified as follows: All discovery is extended, for the limited purposed of completing the outstanding depositions, to August 13, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by September 3, 2019. The July 25, 2019 final conference is adjourned to September 17, 2019 at 1:30 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 6/12/2019. c/ecf, C/M to Pltf via FedEx # 862931279220. (Imrie, Robert)
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Filing 38
RESPONSE in Opposition re #37 MOTION for Protective Order (6/10/19 Letter Response to Judge Lindsay) filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Cagney, Erika)
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Filing 37
MOTION for Protective Order by Eileen S. Lavender. (Cubano, Jazmin)
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Filing 36
Certified Mail Receipt RR#7018 0680 0001 0721 4834 addressed to Eileen S. Lavender; Received by: Eileen Lavender; Date of Delivery: Not Indicated. (Valle, Christine)
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ORDER re #34 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by June 25, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by July 10, 2019. The June 18, 2019 final conference is adjourned to July 25, 2019 at 1:30 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 5/17/2019. c/ecf, c/m to Pltf by Cert Mail RR#70180680000107214834 (Imrie, Robert)
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Filing 34
MOTION for Extension of Time to Complete Discovery to Accomodate a Deposition Delay by Eileen S. Lavender. (Cubano, Jazmin)
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Filing 35
Letter from Eileen Lavender dated 5/14/2019 Re: Plaintiff's request for travel approved. (Valle, Christine)
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Filing 33
Minute Order. for proceedings held before Magistrate Judge Arlene R. Lindsay: Discovery Hearing held on 4/25/2019. Rulings, with respect to Documents #28 , #29 , #30 and #32 , placed on the record. c/ecf, C/M to Pltf by Cert Mail RR#70180680000107214810 (Imrie, Robert)
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Filing 32
Letter to Judge Lindsay re Plaintiff's Motion at Dkt. No. 30 by Peter Alagna, Michael Dzugan, Ken Monfredo, Verizon New York Inc. (Cagney, Erika)
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ORDER granting #31 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by May 24, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by June 10, 2019. The May 15, 2019 final conference is adjourned to June 18, 2019 at 12:00 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Counsel for Defendant is directed to serve a copy of this order on pro se Plaintiff. Ordered by Magistrate Judge Arlene R. Lindsay on 4/11/2019. (Jacobwitz, Beth)
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Filing 31
MOTION for Extension of Time to Complete Discovery by Peter Alagna, Michael Dzugan, Ken Monfredo, Verizon New York Inc.. (Attachments: #1 Proposed Order) (Cagney, Erika)
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ORDER re #28 , #30 : A telephone conference is scheduled for April 25, 2019 at 1:30 p.m. The Court will initiate the conference call. The call in instructions are as follows: Dial (888) 684-8852 at the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 4/5/2019. c/ecf, C/M to Pltf via FedEx #810803700437. (Imrie, Robert)
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Filing 30
MOTION for Hearing by Eileen S. Lavender. (Valle, Christine)
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Filing 29
Letter MOTION to Change Venue location of deposition to U.S. Courthouse, Central Islip by Eileen S. Lavender. (Valle, Christine)
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Filing 28
MOTION for pre motion conference re Plaintiff's Requests for Admission by Peter Alagna, Michael Dzugan, Ken Monfredo, Verizon New York Inc.. (Attachments: #1 Ex. 1) (Cagney, Erika)
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REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 4/10/2019. (Weinstein, Robyn)
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ORDER granting #27 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by April 12, 2019. Any party planning on making a dispositive motion must take the first step in the motion process by April 29, 2019. The April 9, 2019 final conference is adjourned to May 15, 2019 at 3:00 p.m. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, prior to the conference. Counsel for Defendant is directed to serve a copy of this order on pro se Plaintiff. Ordered by Magistrate Judge Arlene R. Lindsay on 3/7/2019. (Jacobwitz, Beth)
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Filing 27
Letter MOTION for Extension of Time to Complete Discovery , Letter MOTION to Adjourn Conference by Eileen S. Lavender. (Valle, Christine)
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SELECTION OF MEDIATOR Joseph DiBenedetto selected as Mediator. The first mediation session will take place on March 27, 2019 in the Plaintiff's Counsel's office. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 3/19/2019. (Rey, Julissa) Modified on 1/30/2019 (Rey, Julissa). Modified on 3/26/2019 (Weinstein, Robyn).
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Filing 26
Letter from Eileen S. Lavender to Magistrate Judge Lindsay dated 11/1/2018 Re: Request for Documentation. (Valle, Christine)
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Filing 25
NOTICE of Appearance by Lee S. Shalov on behalf of Eileen S. Lavender (aty to be noticed) (Shalov, Lee)
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Filing 24
SCHEDULING ORDER: Final Pretrial Conference set for April 9, 2019 at 12:00 PM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 9/27/2018. c/ecf (Imrie, Robert)
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MEDIATION INSTRUCTIONS for parties referred to the Mediation Advocacy Program can be found on the Courts ADR website at https://www.nyed.uscourts.gov/adr-forms. Upon securing pro bono counsel, ADR Administrator shall provide the parties with a list of available pro bono mediators to you via e-mail. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn)
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ORDER re #23 : The parties have agreed to the dates set forth in the proposed scheduling order. Accordingly, the conference scheduled for September 12, 2018, is converted into a telephone conference and advanced to 1:45 p.m. The Court will initiate the conference. The parties are directed to dial (888) 278-0296 at the scheduled time to access the call center. At the prompt enter access code 9424335. The scheduling order will be entered by the court. The matter is referred to the Court Annexed Mediation Advocacy Program. Request to ADR Department for pro bono counsel for the purpose of mediation. Upon securing pro bono counsel, if available, the ADR Administrator shall provide the parties with a list of available pro bono mediators. Mediator shall be selected within thirty days from date pro bono counsel is secured. Ordered by Magistrate Judge Arlene R. Lindsay on 9/12/2018. c/ecf (Imrie, Robert)
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Filing 23
Letter MOTION to Compel request that the Court issue an order designating this case for mediation pursuant to Local Civil Rule 83.8 by Eileen S. Lavender. (Valle, Christine)
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Filing 22
Certified Mail Receipt Re: Article No. 7017 3380 0000 8676 9368 addressed to Eileen S. Lavender; Signature: Eileen Lavender; Date of Delivery: 8/20/2018. (Valle, Christine)
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Filing 21
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 8/15/2018. (Attachments: #1 Proposed Scheduling Order). c/ecf, C/M to Pltf by Cert Mail RR#70173380000086769368 (Imrie, Robert)
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Doc #19 terminated. See Doc #21 . (Imrie, Robert)
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Filing 20
NOTICE of Appearance by Jessica Kastin on behalf of Peter Alagna, Michael Dzugan, Ken Monfredo, Verizon New York Inc. (aty to be noticed) (Kastin, Jessica)
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Filing 19
Letter MOTION for Hearing request to schedule Initial Conference on or after April 23 by Eileen S. Lavender. (Valle, Christine)
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Filing 18
Corporate Disclosure Statement by Peter Alagna, Michael Dzugan, Ken Monfredo, Verizon New York Inc. identifying Corporate Parent Verizon Communication for Verizon New York Inc.. (Cagney, Erika)
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Filing 17
ANSWER to #9 Amended Complaint by All Defendants. (Cagney, Erika)
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ORDER re #16 : The time for the defendants to answer, move or otherwise respond to the amended complaint is extended to and including April 10, 2018. Defendants' counsel is directed to serve a copy of this Order on the plaintiff upon receipt. Ordered by Magistrate Judge Arlene R. Lindsay on 3/27/2018. c/ecf (Imrie, Robert)
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Filing 16
MOTION for Extension of Time to File Answer re #9 Amended Complaint by Peter Alagna, Michael Dzugan, Fios Manager Unknown Name, Ken Monfredo, Verizon New York Inc.. (Cagney, Erika)
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Filing 15
SUMMONS Returned Executed by Eileen S. Lavender. Ken Monfredo served on 3/13/2018, answer due 4/3/2018. (Valle, Christine)
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Filing 14
Summons Returned Unexecuted by Eileen S. Lavender as to Ken Monfredo. (Valle, Christine)
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Filing 13
SUMMONS Returned Executed by Eileen S. Lavender. Peter Alagna served on 3/6/2018, answer due 3/27/2018. (Valle, Christine)
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Filing 12
SUMMONS Returned Executed by Eileen S. Lavender. Michael Dzugan served on 3/7/2018, answer due 3/28/2018. (Valle, Christine)
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Filing 11
SUMMONS Returned Executed by Eileen S. Lavender. Verizon New York Inc. served on 3/9/2018, answer due 3/30/2018. (Valle, Christine)
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Filing 10
Summons Issued as to Peter Alagna, Michael Dzugan, Fios Manager Unknown Name, Ken Monfredo, Verizon New York Inc. (Valle, Christine)
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Filing 9
AMENDED COMPLAINT against Peter Alagna, Michael Dzugan, Fios Manager Unknown Name, Ken Monfredo, Verizon New York Inc., filed by Eileen S. Lavender. (Valle, Christine)
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ELECTRONIC ORDER granting #8 Motion for Extension of Time to File. Plaintiff's motion for an extension of time to serve the Summons and Complaint is GRANTED. Plaintiff shall serve Defendants on or before March 16, 2018. The Clerk of the Court is directed to mail a copy of this Electronic Order to the pro se Plaintiff. Ordered by Judge Joanna Seybert on 2/16/2018. (Edwards, Tracy)
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Filing 8
Letter MOTION for Extension of Time to File /serve the summons and complaint by Eileen S. Lavender. (Florio, Lisa)
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Filing 7
Summons Issued as to Peter Alagna, Michael Dzugan, Fios Manager Unknown Name, Ken Monfredo, Verizon Inc. (Florio, Lisa)
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Filing 6
FILING FEE: $ 400, receipt number NYEC024662. (Florio, Lisa)
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Filing 5
MEMORANDUM AND ORDER denying #2 Motion for Leave to Proceed in forma pauperis; Plaintiff's motion to proceed in forma pauperis is DENIED, and she is directed to pay the $400.00 filing fee within two (2) weeks of the date of this Order or this action will be dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 2/7/2018. C/M (Valle, Christine)
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Filing 4
Letter from Pro Se Office to Eileen S. Lavender acknowledging receipt of the civil action. (Florio, Lisa)
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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. (Cox, Dwayne)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Eileen S. Lavender. (Cox, Dwayne)
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Filing 1
COMPLAINT against Peter Alagna, Michael Deugan, Ken Monfredo, Unknown at this time Manager Fios, Verizon Inc Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Eileen S. Lavender. (Attachments: #1 Exhibit EEOC, #2 Exhibit CWA, #3 Exhibit Grievant Info, #4 Civil Cover Sheet) (Cox, Dwayne)
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