DeMarco v. The City of New York et al
| Joseph DeMarco |
| The City of New York, The New York City Department of Education, Board of Education of The City of New York, Janice Ross and Justin Davis |
| 2:2022cv07021 |
| November 16, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Arlene R Lindsay |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Case returned from mediation. (MI) |
ELECTRONIC ORDER: Plaintiff's letter application #15 with the consent of the defendant is GRANTED. The case and plaintiff's pending motion #8 to remand back to State Court are stayed to allow the plaintiff to continue to pursue a DOC internal appeal as to plaintiff's termination. By April 21, 2023 counsel shall file a letter reporting on the status of the DOC internal appeal. Ordered by Judge Frederic Block on 1/6/2023. (MI)
|
| Filing 15 First MOTION to Stay the case (continue the extant stay) by Joseph DeMarco. (Gentile, Anthony) |
| Filing 14 Letter Response to December 28, 2022 Amended Electronic Order by Board of Education of The City of New York, Justin Davis, Janice Ross, The City of New York, The New York City Department of Education (Holmes, David) |
|
AMENDED ELECTRONIC ORDER: Apparently the parties are no longer interested in participating in court mediation. Defendant's letter application #13 with the consent of the plaintiff is GRANTED. By January 4, 2023 the defendants will notify the Court whether they intended to oppose plaintiff's motion to remand this case back to State Court. Ordered by Judge Frederic Block on 12/28/2022. (MI) Modified on 12/28/2022 (MI).
|
| Filing 13 Joint MOTION for Extension of Time to File Defendants' Determination regarding whether Defendants will oppose Plaintiff's motion to remand by Board of Education of The City of New York, Justin Davis, Janice Ross, The City of New York, The New York City Department of Education. (Holmes, David) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. 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. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. 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 submitted within two weeks following mediation session. (DS) |
| Minute Entry for proceedings held before Judge Frederic Block: Anthony Gentile, Esq. for the plaintiff and David Holmes, Esq. by telephone for the defendants, all present. Pre-motion conference held on 12/13/2022. Plaintiffs anticipated motion to remand back to State Court and defendants anticipated motion to dismiss were discussed. Plaintiff's letter #8 dated 12/2/22 will be deemed as their motion to remand back to State Court, subject to the parties to file supplemental letter briefs. The case is stayed, since counsel consent to court mediation. If court mediation is not successful, the Court will then determine whether it has jurisdiction. (Court Reporter: Not Reported) (MI) |
|
ORDER REFERRING CASE to Mediation. Mediation shall be completed by 2/13/23. Selection of Mediator due by 12/27/2022. Ordered by Judge Frederic Block on 12/13/2022. (MI)
|
| Filing 12 REPLY in Support in response to Dkt. 11 filed by Joseph DeMarco. (Gentile, Anthony) |
| Filing 11 REPLY in Support Defendants Pre-Motion Letter filed by Board of Education of The City of New York, Justin Davis, The City of New York, The New York City Department of Education. (Holmes, David) |
|
Filing 10
SCHEDULING ORDER: Defendant's letter application #5 dated 11/22/22 and plaintiff's letter applications #8 dated 12/2/22 and #9 12/2/22 are GRANTED. An in person pre motion conference is scheduled for December 13, 2022 @ 4:00PM. The Court expects the parties to be conversant with the underlying facts and prepared to discuss the legal issues arising therefrom. The parties are reminded that they are obligated to discuss the prospect of settlement and may be required to provide the Court with a report of such discussions . If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this in person pre-motion conference and then file a letter application. Upon receipt of this email counsel shall confirm with each other of the date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 12/6/2022. (MI)
|
| Filing 9 Amended MOTION to Remand to State Court (corrected only to correct three very minor "typos" with no objection from opposing counsel by Joseph DeMarco. (Gentile, Anthony) |
| Set/Reset Hearings: In Person Pre-Motion Conference set for 12/13/2022 04:00 PM before Judge Frederic Block. (MI) |
| Filing 8 First MOTION to Remand to State Court (seeking pre-motion conference first) by Joseph DeMarco. (Gentile, Anthony) |
| Filing 7 MEMORANDUM in Opposition to Defendants' Request for a Motion Conference filed by Joseph DeMarco. (Gentile, Anthony) |
| Filing 6 NOTICE of Appearance by Anthony Vincent Gentile on behalf of Joseph DeMarco (notification declined or already on case) (Gentile, Anthony) |
| Filing 5 Letter MOTION for pre motion conference to discuss dismissal of Complaint by Board of Education of The City of New York, The City of New York, The New York City Department of Education. (Attachments: #1 Exhibit Petition) (Holmes, David) |
| 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. (LJ) |
| CIVIL CASE FILING FEE: $ 402, receipt number ANYEDC-16152328 (Holmes, David) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Arlene R. Lindsay. 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. (LJ) |
| Anthony V. Gentile: 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 11/18/2022: #1 Additional Corrections) (LJ). |
| The case of DeMarco v. The City of New York et al, has been opened in the Eastern District of New York. The case number is 22cv7021. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (LJ) |
| Filing 2 NOTICE of Appearance by David Victor Holmes on behalf of Board Of Education, City of New York, New York City Department of Education (notification declined or already on case) (Holmes, David) |
| Filing 1 NOTICE OF REMOVAL by Board Of Education, City of New York, New York City Department of Education from Nassau County Supreme Court, case number 608414/2022. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summons with Notice) (Holmes, David) |
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.
