Grimes v. COARC et al
| Grimes and Tammy S. Grimes |
| COARC, Alex Schneider, Bruce Drake, Tanya Rivera and Tony Merante |
| 1:2017cv00236 |
| March 1, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Columbia |
| Daniel J Stewart |
| Glenn T Suddaby |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 23, 2018. A more recent docket listing may be available from PACER.
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Filing 40
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #39 Memorandum of Law, (Billok, Michael)
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Filing 39
MEMORANDUM OF LAW re #22 Motion to Dismiss for Failure to State a Claim, Sur-Surreply Memorandum of Law in Further Support of Defendants' Motion to Dismiss the Complaint filed by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider. (Attachments: #1 Exhibit(s) A - Jeda Capital-56 case)(Billok, Michael)
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Filing 38
Letter Request/Motion from Tammy S. Grimes requesting a sur reply to the defendnats reply to objection of the plaintiff to dismiss and to object to the motion of the defendants to have the plaintiffs sur reply stricken from the record. (khr)
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TEXT ORDER denying #36 Defendants' motion to strike. Granted, Defendants are correct that Plaintiff's submission of 10/03/2017 was unauthorized. (In the future, Plaintiff is respectfully advised to carefully re-read Local Rule 7.1 and pages 35 through 40 of the Pro Se Handbook before engaging in motion practice.) However, the Court is mindful of the arguments made in Plaintiff's submission and the special solicitude it should afford Plaintiff as a pro se litigant. The Court is also mindful of the partial response to those arguments that Defendants were able to make in #37 their submission of 10/04/2017. As a result, the Court will accept and consider both #36 and #37 in deciding #22 Defendants' motion to dismiss. Should Defendants wish to supplement their submission of 10/04/2017, they may do so through filing a formal sur-sur-reply no more than 10 pages in length by 10/20/17. The parties are advised that, upon the expiration of that seven-day period, briefing on Defendants' motion to dismiss shall CLOSE, and no further submissions will be accepted. The Clerk's Office is directed to rename Dkt. No. #35 as a "SUR-REPLY to Reply." SO ORDERED by Chief Judge Glenn T. Suddaby on 10/13/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing 37
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #36 Letter Motion from Michael D. Billok, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting that the Court strike plaintiff's sur-reply submitted to Judge Glenn T. Suddaby (Billok, Michael)
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Filing 36
Letter Motion from Michael D. Billok, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting that the Court strike plaintiff's sur-reply submitted to Judge Glenn T. Suddaby . (Attachments: #1 Exhibit(s) A - Solomon case, #2 Exhibit(s) B - Jeda Capital-56 case)(Billok, Michael)
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Filing 35
REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by Tammy S. Grimes. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(khr)
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Filing 34
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #33 Reply to Response to Motion (Billok, Michael)
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Filing 33
REPLY to Response to Motion re #22 MOTION to Dismiss for Failure to State a Claim filed by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider. (Attachments: #1 Exhibit(s) A - Reinhart case)(Billok, Michael)
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Filing 32
TEXT ORDER granting #30 Defendants' letter-motion requesting the sealing of Exhibit 1 of Plaintiff's response to Defendants' motion to dismiss ("Exhibit 1"). Under the governing legal standard set forth in Lugosch v. Pyramid Co. of Onondaga Cty., 435 F.3d 110, 125-26 (2d Cir. 2006), the Court concludes that Exhibit 1 (contained at Dkt. No. #29 , at 29-75) should be sealed. In rendering this conclusion, the Court finds that such sealing is (1) essential to preserve values higher than a qualified First Amendment right of access to the material in question and (2) narrowly tailored to serve that interest. More specifically, the Court finds that non-party minor children possess a compelling privacy interest in the referenced portions of Exhibit 1. Moreover, the Court finds that a partial redaction of Dkt. No. #29 is an unfeasible alternative given, in part, the fact that the material in need of redaction pervades the referenced portions of Exhibit 1. As a result, the Clerk of the Court is directed to place the aforementioned portions of Dkt. No. #29 under seal. The Court bases this Text Order on Fed. R. Civ. P. 5.2(d), Local Rule 83.13(a) and 8.1, and HIPAA. SO ORDERED by Chief Judge Glenn T. Suddaby on 9/19/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing 31
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #30 Letter Motion from Megan M. Collelo, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting sealing of documents containing PHI filed by plaintiff in response to motion to dismiss submitted to Judge Lawrence K. B (Collelo, Megan)
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Filing 30
Letter Motion from Megan M. Collelo, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting sealing of documents containing PHI filed by plaintiff in response to motion to dismiss submitted to Judge Lawrence K. Baerman, Clerk of the Court . (Collelo, Megan)
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CLERK'S CORRECTION OF DOCKET ENTRY re #29 Response in Opposition to Motion, filed by Tammy S. Grimes - Clerk received the signature page from the plaintiff and replaced signature page of the original document. The signature page was dated August 31, 2017 and the document is now completely filed as of August 31, 2017. (jel, )
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Filing 29
RESPONSE in Opposition re #22 MOTION to Dismiss for Failure to State a Claim filed by Tammy S. Grimes. (Attachments: #1 Plaintiff's affidavit/affirmation in opposition of defendants motion along with certificate of service, #2 Envelope)(khr) (Main document removed and re-filed in sections to Seal pages 29 - 75 pursuant to # 32 Text Order) (Documents re-attached on 9/19/2017: #3 Pages 1 - 28, #4 Page 29 - 75, #5 pgs 76-163) (lmw).
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Filing 28
TEXT ORDER granting #26 Joint Letter Request for an extension for Plaintiff to respond to #22 MOTION to Dismiss for Failure to State a Claim : Motion Hearing rescheduled for 10/5/2017 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motion due by 9/5/2017. Defendants' Reply to Response to Motion due by 9/25/2017. SO ORDERED by Chief Judge Glenn T. Suddaby on 8/8/17. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing 27
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #26 Letter Motion from Michael D. Billok, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting Extension of Motion Deadlines submitted to Judge Glenn T. Suddaby (Billok, Michael)
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Filing 26
Letter Motion from Michael D. Billok, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting Extension of Motion Deadlines submitted to Judge Glenn T. Suddaby . (Billok, Michael)
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Filing 25
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #23 Memorandum of Law,, #24 FRCP 7.1 Corporate Disclosure Statement, #22 MOTION to Dismiss for Failure to State a Claim (Billok, Michael)
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Filing 24
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider. (Billok, Michael)
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Filing 23
MEMORANDUM OF LAW re #22 Motion to Dismiss for Failure to State a Claim, filed by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider. (Attachments: #1 Exhibit(s) A - PPC Broadband case, #2 Exhibit(s) B - Rosenberger case, #3 Exhibit(s) C - Frederick case, #4 Exhibit(s) D - Justice case, #5 Exhibit(s) E - Justice case affirmed, #6 Exhibit(s) F - Ceparano case, #7 Exhibit(s) G - Anderson case, #8 Exhibit(s) H - Macera case, #9 Exhibit(s) I - Jouthe case, #10 Exhibit(s) J - Xiang Li case)(Billok, Michael)
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Filing 22
MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 9/7/2017 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 8/21/2017 Reply to Response to Motion due by 8/28/2017. filed by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider. (Attachments: #1 Declaration of Michael D. Billok, Esq., #2 Exhibit(s) A - NYSDHR Complaint) (Billok, Michael)
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TEXT NOTICE of Hearing on #22 MOTION to Dismiss for Failure to State a Claim : Motion Hearing set for 9/7/2017 on submission of motion papers before Chief Judge Glenn T. Suddaby. No personal appearance. Plaintiff's Response to Motion due by 8/21/2017. Defendant's Reply to Response to Motion due by 8/28/2017. (lmw) (Copy served upon pro se plaintiff via regular mail)
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Filing 21
TEXT ORDER: On July 26, 2017, Defendants filed a Letter Request seeking an adjournment of the Rule 16 Initial Conference in this matter. Dkt. No. #19 . Based upon the reasons set forth in Defendants' submission, the request is GRANTED and the Rule 16 Initial Conference and the deadline to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. SO Ordered by Magistrate Judge Daniel J. Stewart on 7/31/2017. {Copy of this Text Order mailed to pro se plaintiff}. (mab)
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Filing 20
CERTIFICATE OF SERVICE by COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider re #19 Letter Motion from Megan M. Collelo, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting adjournment of Rule 16(b) conference and resetting initial deadlines submitted to Judge Daniel J. Stewart (Collelo, Megan)
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Filing 19
Letter Motion from Megan M. Collelo, Esq. for COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider requesting adjournment of Rule 16(b) conference and resetting initial deadlines submitted to Judge Daniel J. Stewart . (Collelo, Megan)
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Filing 18
NOTICE of Appearance by Megan M. Collelo on behalf of COARC, Bruce Drake, Tony Merante, Tanya Rivera, Alex Schneider (Collelo, Megan)
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Filing 17
BILL OF COSTS submitted by US Marshal re: Service Fees for service of summons and complaint in the amount of $40.00. (khr)
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Filing 16
PROCESS RECEIPT AND RETURN of USM Returned Executed on 7/12/2017 Summons and Complaint for defendant, COARC. (khr)
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Filing 15
PROCESS RECEIPT AND RETURN of USM Returned Executed on 7/12/2017 Summons and Complaint for defendant, Alex Schneider. (khr)
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Filing 14
PROCESS RECEIPT AND RETURN of USM Returned Executed on 7/12/2017 Summons and Complaint for defendant, Bruce Drake. (khr)
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Filing 13
PROCESS RECEIPT AND RETURN of USM Returned Executed on 7/12/2017 Summons and Complaint for defendant, Tanya Rivera. (khr)
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Filing 12
PROCESS RECEIPT AND RETURN of USM Returned Executed on 7/12/2017 Summons and Complaint for defendant Tony Merante. (khr)
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***Answer due date updated for COARC answer due 8/3/2017; Bruce Drake answer due 8/3/2017; Tony Merante answer due 8/3/2017; Tanya Rivera answer due 8/3/2017; Alex Schneider answer due 8/3/2017. (khr)
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Filing 11
Letter Request/Motion from Tammy S. Grimes requesting status regarding process of service of Summons and Complaint. (khr)
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Filing 10
RETURN RECEIPT executed by Tammy Grimes re #6 Order on Motion for Leave to Proceed in forma pauperis. (khr)
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Filing 9
RETURN RECEIPT executed by Tammy Grimes re #5 Order on Motion to Appoint Counsel. (khr)
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Filing 8
G.O. 25 FILING ORDER ISSUED:Initial Conference set for 8/8/2017 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
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Filing 7
Summons Issued as to COARC. (Attachments: #1 as to Bruce Drake, #2 as to Tanya Rivera, #3 as to Tony Merante, #4 as to Alex Schneider)(khr)
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Filing 6
DECISION and ORDER granting #2 Motion for Leave to Proceed in forma pauperis. ORDERED, that Plaintiffs Motion to Proceed In Forma Pauperis (Dkt. No. 2) is granted.2 The Clerk shall issue Summonses and forward them, along with copies of the Complaint and a packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, to the United States Marshal for service upon the Defendants; and it is further ORDERED, that a formal response to the Complaint be filed by the Defendants or counsel as provided for in the Federal Rules of Civil Procedure subsequent to service of process on the Defendant; and it is further ORDERED, that the Clerk is directed to schedule a Rule 16 Conference before the assigned Magistrate Judge. Signed by Magistrate Judge Daniel J. Stewart on May 9, 2017. (Copy served via regular and certified mail)(khr)
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Filing 5
ORDER denying #3 Motion to Appoint Counsel. ORDERED, that Plaintiffs Motion for Appointment of Counsel (Dkt. No. 3) is DENIED without prejudice to renew at some future time for the reasons stated above. Signed by Magistrate Judge Daniel J. Stewart on May 9, 2017. (Copy served via regular and certified mail)(khr)
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Filing 4
PRO SE HANDBOOK and NOTICE issued at time complaint was filed. (khr) Mailed Notice on 3/2/2017 to pro se plaintiff to read, sign and return Notice to Clerk's Office. Also mailed Local Rules, Pro Se Handbook and Lawyer Referral Guide to Pro Se Plaintiff on 3/2/2017 via regular mail.
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Filing 3
MOTION to Appoint Counsel filed by Tammy S. Grimes. Motions referred to Daniel J. Stewart. (khr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Tammy S. Grimes. Motions referred to Daniel J. Stewart. (khr)
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Filing 1
COMPLAINT WITH JURY DEMAND against COARC, Bruce Drake, Tony Merante, Tayna Rivera, Alex Schneider filed by Tammy S. Grimes. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(khr)
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