Birner v. Hull & Company of New York et al
| Robert Birner |
| Morstan General Agency, Inc., Brown & Brown, Inc. and Hull & Company of New York doing business as Morstan General Agency |
| 2:2020cv04981 |
| October 16, 2020 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| A Kathleen Tomlinson |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ORDER DISMISSING CASE re #41 Stipulation of Discontinuance pursuant to Federal Rule of Civil Procedure 41(a), with prejudice, without costs to either party as against any other party. The March 4, 2022 Conference is canceled. The Clerk of Court is directed to close this case. So Ordered by Judge Joanna Seybert on 3/1/2022. (Coleman, Laurie)
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| Filing 41 STIPULATION of Dismissal by Robert Birner (Krauss, Harrison) |
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ELECTRONIC ORDER ADJOURNING PROCEEDING: Due to a conflict in the Court's calendar, the Settlement Conference is adjourned to 3/4/2022 at 4:00 PM before Judge Joanna Seybert. The conference will still be held via the Court's teleconferencing system. Parties are directed to dial the following telephone number at the designated time: 877-336-1839, access code 7231185. Ordered by Judge Joanna Seybert on 3/1/2022. (Russo, Eric)
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SCHEDULING ORDER setting Telephonic Status Conference set for 3/3/2022 at 11:30 a.m. before Judge Joanna Seybert: In light of Plaintiff's February 9, 2022 letter (ECF No. #40 ) informing the Court that Plaintiff's counsel "received the settlement checks from Defendants today," the Court adjourns the February 11, 20222 Telephonic Status Conference to March 3, 2022 at 11:30 a.m. At the designated time, the parties are to call the Court's conference number: (877) 336-1839; the access code is 7231185. Said Status Conference will be cancelled if a Stipulation of Dismissal is filed by no later than March 1, 2022. Ordered by Judge Joanna Seybert on 2/10/2022. c/ECF (Killigrew, Patricia)
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| Filing 40 Letter Regarding Settlement by Robert Birner (Krauss, Harrison) |
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SCHEDULING ORDER: (Status Conference set for 2/11/2022 at 11:00 AM before Judge Joanna Seybert.) In light of Plaintiff's January 28, 2022 letter (ECF No. #39 ) informing the Court that Plaintiff "has yet to receive either the settlement checks or proof of tracking" which Defendants had represented to this Court that Plaintiff would receive (see ECF No. #38 ), and to which Defendants have not responded (see Case Docket, in toto), the Court will hold a Telephonic Status Conference on Friday, February 11, 2022 at 11:00 a.m. At the designated time, the parties are to call the Court's conference number: (877) 336-1839; the access code is 7231185. Ordered by Judge Joanna Seybert on 2/7/2022. c/ECF (Killigrew, Patricia)
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| Filing 39 Letter Regarding Settlement by Robert Birner (Krauss, Harrison) |
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STATUS REPORT ORDER: In light of the parties' January 14, 2022 Status Report (ECF No. #38 ), if Plaintiff's Stipulation of Dismissal is not filed by January 31, 2022, the parties are to file another Status Report informing the Court when they expect their settlement to be finalized. Status Report due by 1/31/2022.Ordered by Judge Joanna Seybert on 1/25/2022. c/ECF (Killigrew, Patricia)
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| Filing 38 STATUS REPORT by Brown & Brown, Inc., Hull & Company of New York (Avery, Vincent) |
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STATUS REPORT ORDER: In light of the parties' December 10, 2021 Status Report (ECF No. #37 ), if Plaintiff's Stipulation of Dismissal is not filed by January 14, 2022, the parties are to file another Status Report informing the Court when they expect their settlement to be finalized. Status Report due by 1/14/2022. Ordered by Judge Joanna Seybert on 12/13/2021. c/ECF (Killigrew, Patricia)
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| Filing 37 Letter regarding settlement by Robert Birner (Krauss, Harrison) |
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STATUS REPORT ORDER: In light of the parties' November 24, 2021 Status Report informing the Court that "[t]he parties have exchanged a draft of the agreement, along with Plaintiff's redlines" and that the parties "anticipate having the final agreement executed by the end of the next week," if a Stipulation of Dismissal is not filed by December 10, 2021, the parties are to file another Status Report informing the Court when they intend their settlement to be finalized. Ordered by Judge Joanna Seybert on 11/29/2021. c/ECF (Killigrew, Patricia)
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| Filing 36 STATUS REPORT regarding settlement by Brown & Brown, Inc., Hull & Company of New York (Avery, Vincent) |
| Case reassigned randomly to Magistrate Judge Steven I. Locke. Magistrate Judge A. Kathleen Tomlinson 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. (Morabito, Bryan) |
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ELECTRONIC ORDER: In light of the parties' October 29, 2021 Letter informing the Court "that the parties are in the process of finalizing the terms of a settlement agreement," by no later than November 24, 2021 the parties are to file their Stipulation of Dismissal or a Status Report informing the Court when the parties intend their settlement to be finalized. Ordered by Judge Joanna Seybert on 11/1/2021. c/ECF (Killigrew, Patricia)
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| Filing 35 Letter regarding settlement by Robert Birner (Krauss, Harrison) |
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ELECTRONIC ORDER re #34 Letter filed by Robert Birner. In light of the parties' representation that they "have reached a settlement in principle of all claims in this action" and "are currently working to memorialize the settlement in a formal settlement agreement" (ECF No. #34 ), on or before October 29, 2021, the parties shall file a stipulation of dismissal or advise the Court in writing as to the status of the case. Ordered by Judge Joanna Seybert on 10/18/2021. (DiMarco, Nicholas)
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| Filing 34 Letter Regarding Settlement by Robert Birner (Krauss, Harrison) |
| Filing 33 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 6/23/2021. The Pre-Trial Conference is scheduled for February 16, 2022 at 11:00 A.M. in Courtroom 840. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana) |
| Filing 32 Letter by Robert Birner (Attachments: #1 Defendants' Responses to Plaintiff's First Request for Production of Documents) (Krauss, Harrison) |
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SCHEDULING ORDER: In light of President Biden signing the bill making Juneteenth a federal holiday, the federal court in this District is closed tomorrow. As a result, the Discovery Status Conference scheduled for June 18, 2021 will not be going forward. The conference is adjourned to June 23, 2021 at 10:30 A.M. Counsel are directed to utilize the Court's teleconferencing line at (866) 590-5055, access code 9720458, at the time of the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/17/2021. (Ameri, Mana)
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| Filing 31 STATUS REPORT regarding discovery pursuant to Case Management Order dated 1/29/21 by Brown & Brown, Inc., Hull & Company of New York (Avery, Vincent) |
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SCHEDULING ORDER: The Discovery Status Conference scheduled for June 18, 2021 at 11:00 A.M. is advanced to 10:00 A.M. that same day. The conference will be conducted by telephone. Counsel are directed to utilize the Court's teleconferencing line at (866) 590-5055, access code 9720458, at the time of the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/7/2021. (Ameri, Mana)
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| Filing 30 ANSWER to #25 Amended Complaint by All Defendants. (Yaw, Bret) |
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Filing 29
STIPULATION AND CONFIDENTIALITY ORDER re #28 Proposed Confidentiality Order filed by Robert Birner. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/7/2021. (Ryan, Mary)
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| Filing 28 Proposed Pretrial Order Proposed Confidentiality Order by Robert Birner (Krauss, Harrison) |
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ORDER regarding #23 : The Court has reviewed the proposed Stipulation and Order of Confidentiality (DE #23 ) and points out that an agreement to be bound for any non-party to whom the parties mean to give access to the subject documents was not attached to the proposed Stipulation. Counsel are directed to refile the proposed Stipulation with an unexecuted agreement to be bound by April 9, 2021. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/2/2021. (Ameri, Mana)
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Filing 27
STIPULATION AND ORDER re #26 Stipulation re #25 Amended Complaint filed by Robert Birner. Caption amended as directed. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/30/2021. (Ryan, Mary)
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| Filing 26 STIPULATION re #25 Amended Complaint by Robert Birner (Krauss, Harrison) |
| Filing 25 AMENDED COMPLAINT against Brown & Brown, Inc., Morstan General Agency, Inc., filed by Robert Birner. (Krauss, Harrison) |
| Filing 24 REQUEST for Production of Documents by Robert Birner. (Krauss, Harrison) |
| Filing 23 Proposed Pretrial Order Proposed Confidentiality Order by Robert Birner (Krauss, Harrison) |
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Filing 22
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/3/2021. (Ameri, Mana)
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 1/29/2021. The Discovery Status Conference will be held on June 18, 2021 at 11:00 A.M. in Courtroom 840. The Case Management and Scheduling Order will be entered separately. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana) |
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ORDER: The Initial Conference scheduled for January 29, 2021 will be conducted telephonically. Counsel are requested to utilize the Court's teleconferencing line at 866-590-5055, access code 9720458, at the time of the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/28/2021. (Ameri, Mana)
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| Filing 20 Proposed Scheduling Order by Robert Birner (Attachments: #1 Proposed Order Proposed Initial Case Management & Scheduling Order) (Krauss, Harrison) |
| Filing 19 NOTICE by Brown & Brown, Inc., Morstan General Agency, Inc. of Pendency of Related Cases Pursuant to Local Civil Rule 1.6 (Avery, Vincent) |
| Filing 18 Corporate Disclosure Statement by Brown & Brown, Inc., Morstan General Agency, Inc. (Avery, Vincent) |
| Filing 17 NOTICE of Appearance by Bret C Yaw on behalf of All Defendants (notification declined or already on case) (Yaw, Bret) |
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SCHEDULING ORDER: Due to a change in the Court's calendar, the Initial Conference scheduled for February 11, 2021 is advanced to January 29, 2021 at 11:00 A.M. As noted, the Court will provide advance notice as to the manner in which the conference will be conducted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/7/2020. (Ameri, Mana)
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Filing 16
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for February 11, 2021 at 10:30 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Court will provide advance notice as to the manner in which the conference will be conducted. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/3/2020. (Ameri, Mana)
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ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Counsel is directed to register for ECF within two (2) weeks. Registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that electronic notifications of activity in this case are received. Counsel shall also ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/3/2020. (Ameri, Mana)
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| Filing 15 ANSWER to #1 Complaint, by Brown & Brown, Inc., Morstan General Agency, Inc.. (Avery, Vincent) |
| Filing 14 Notice of MOTION to Appear Pro Hac Vice for Defendants Filing fee $ 150, receipt number ANYEDC-13758395. by Brown & Brown, Inc., Morstan General Agency, Inc.. (Attachments: #1 Affidavit of Movant, #2 Certificate of Good Standing in Florida) (Yaw, Bret) |
| Filing 13 SUMMONS Returned Executed by Robert Birner. Morstan General Agency, Inc. served on 11/12/2020, answer due 12/3/2020. (Krauss, Harrison) |
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ORDER granting #12 Motion for Extension of Time to Answer. The time to answer or otherwise respond to the Complaint is extended to December 1, 2020. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/20/2020. (Ameri, Mana)
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| Filing 12 First MOTION for Extension of Time to File Answer re #1 Complaint, 14 day extension by Brown & Brown, Inc., Morstan General Agency, Inc.. (Avery, Vincent) |
| Filing 11 NOTICE of Appearance by Vincent Mantella Avery on behalf of Brown & Brown, Inc., Morstan General Agency, Inc. (aty to be noticed) (Avery, Vincent) |
| Filing 10 SUMMONS Returned Executed by Robert Birner. Brown & Brown, Inc. served on 10/27/2020, answer due 11/17/2020. (Krauss, Harrison) |
| Filing 9 Summons Issued as to Brown & Brown, Inc. (Rodin, Deanna) |
| Filing 8 Summons Issued as to Morstan General Agency, Inc. (Rodin, Deanna) |
| Filing 7 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. (Rodin, Deanna) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 5 NOTICE of Appearance by Lee F. Bantle on behalf of Robert Birner (aty to be noticed) (Bantle, Lee) |
| Filing 4 Proposed Summons. by Robert Birner (Krauss, Harrison) |
| Filing 3 Proposed Summons. by Robert Birner (Krauss, Harrison) |
| Filing 2 Civil Cover Sheet.. by Robert Birner (Krauss, Harrison) |
| Filing 1 COMPLAINT against Brown & Brown, Inc., Morstan General Agency, Inc. filing fee $400, receipt number ANYEDC-13535768, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Robert Birner. (Krauss, Harrison) Modified on 10/16/2020 (Rodin, Deanna). |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge A. Kathleen Tomlinson. 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. (Rodin, Deanna) |
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