Bader v. Special Metals Corporation et al
| Debra Bader |
| Special Metals Corporation, William Farley, Keith Dabs, Dave Maracek and John Does(s) |
| 6:2011cv00882 |
| July 27, 2011 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Lawrence E Kahn |
| David E Peebles |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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Filing 47
STIPULATION AND ORDER OF DISCONTINUANCE. Signed by Senior Judge Lawrence E. Kahn on June 10, 2014. (sas)
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| Filing 46 STIPULATION of Discontinuance by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Butler, Brian) |
| Filing 45 STATUS REPORT regarding settlement by Special Metals Corporation. (Butler, Brian) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/28/2014. After a lengthy discussion with counsel, Judge encourages the parties to resolve the outstanding issues concerning the settlement documents. Attorneys are directed to notify the court by 5/30/2014 whether or not this case is resolved. If it is not in fact settled, then this case will be deemed trial ready and headed to Senior District Judge Kahn. APP: A.J. Bosman, Esq., and Brian Butler, Esq.. Time: 3:00 PM - 3:25 PM. (sal, ) |
| Set/Reset Hearings: A telephone conference has been set in this matter to discuss the settlement for 5/28/14 at 3:00 pm before Magistrate Judge David E. Peebles. Atty. Butler has provided a call-in number for the conference. (cam, ) |
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Filing 44
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT. This Court has been advised by counsel that this action has been settled, or is in the process of being settled. Counsel of record have also advised this Court that no infant or incompetent is a party to this action. Accordingly, pursuant to N.D.N.Y.L.R. 68.2 (a), it is hereby ORDERED that: 1) The above captioned case is DISMISSED, in its entirety, without prejudice to re-opening, upon the filing of a motion to reopen said action. The motion must be filed within 60 days of the date of the signing of this order. Notification by any party to the Court that the settlement was not consummated shall be presented in writing; 2) The dismissal of the above action shall be considered with prejudice on the 61 day, after the date of the signing of this order, if a motion to re-open the case is not filed by the 60 day after the above referenced signing date. 3) Upon the completion of settlement, the attorneys of record are directed to exchange general releases and to FILE a Stipulation of Discontinuance with the Court. Signed by Senior Judge Lawrence E. Kahn on April 16, 2014. (sas)
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| Set/Reset Hearings: Chambers received a faxed letter from defendants counsel and it appears that this matter has settled. The telephone conference set for 4/29/14 at 10:00 AM is therefore cancelled. (cam, ) |
| Set/Reset Hearings: A Telephone Conference is set for 4/29/2014 at 10:00 AM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Settlement Conference held on 4/15/2014. After lengthy discussions, case was unable to settle. The parties, however, are very close in their settlement negotiations. A telephone conference is set for 4/29/2014 at 10:00 AM before Magistrate Judge Peebles. Defendants' counsel is directed to initiate the call to Chambers. Parties are to report at that time whether or not this case is settled or they are moving forward with trial before Senior District Judge Kahn. APP: Plaintiff Debra Bader, AJ Bosman, Esq., Brian Butler, Esq., Colin Leonard, Esq., and Jessica Johnson. Time: 10:00 AM - 1:40 PM. (sal, ) |
| TEXT NOTICE of Hearing: A Settlement Conference is set for 4/15/2014 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than 4/8/2014 , the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. This can be done by facsimile at (315) 234-8621 or e-mail at NYND_DEP_ECF_NOTICES@nynd.uscourts.gov. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/28/2014. Case seems to be trial ready as all deadlines have passed and motions were decided. Parties believe a settlement conference before Magistrate Judge Peebles will be beneficial. CRD will contact the parties with available dates for the court shortly. Judge urges the parties to consent to proceed before the magistrate judge for trial. APP: A.J. Bosman, Esq., Brian Butler, Esq., and Colin Leonard, Esq.. (sal, ) |
| Filing 43 TEXT SCHEDULING NOTICE: A telephone conference has been scheduled in this matter for 1/28/14 at 2:30 pm before Magistrate Judge David E. Peebles. Attorney Butler is asked to initiate the call by dialing chambers at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 1/8/14. (cam, ) |
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Filing 42
MEMORANDUM-DECISION and ORDERED, that Plaintiffs Motion (Dkt. No. 35) to amend is DENIED; and it is further ORDERED, that Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED in part and DENIED in part; and it is further ORDERED, that Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED with respect to Plaintiffs First Claim (ADEA hostile work environment); Second Claim (ADEA disparate treatment); Fourth Claim (HRL age-based hostile work environment); Fifth Claim (HRL age-based disparate treatment); Seventh Claim (Title VII hostile work environment); and Thirteenth Claim (breach of contract); and it is further ORDERED, that Defendants Motion (Dkt. No. 22) for summary judgment is DENIED with respect to Plaintiffs Tenth Claim (HRL gender-based hostile work environment); and it is further ORDERED, that, to the extent Plaintiffs Third Claim (ADEA retaliation) and Sixth Claim (HRL age-discrimination-based retaliation) are premised on her 2009 EthicsPoint report, Defendants Motion (Dkt. No. 22) for summary judgment is DENIED; and it is further ORDERED, that, to the extent Plaintiffs Third Claim (ADEA retaliation) and Sixth Claim (HRL age-discrimination-based retaliation) are premised on other protected activity, Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED; and it is further ORDERED, that, to the extent Plaintiffs Third Claim (ADEA retaliation); Sixth Claim (HRL age-discrimination-based retaliation); Eighth Claim (Title VII disparate treatment); Ninth Claim (Title VII retaliation); Eleventh Claim (HRL gender-based disparate treatment); and Twelfth Claim (HRL gender-based retaliation) are premised on her April 13, 2010, warning; April 30, 2010, warning and demotion; or any pre-2010 discipline, Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED; and it is further ORDERED, that, to the extent Plaintiffs Third Claim (ADEA retaliation); Sixth Claim (HRL age-discrimination-based retaliation); Eighth Claim (Title VII disparate treatment); Ninth Claim (Title VII retaliation); Eleventh Claim (HRL gender-based disparate treatment); and Twelfth Claim (HRL gender-based retaliation) are premised on her February 17 and March 1, 2013, warnings; her suspensions; and her constructive discharge, Defendants Motion (Dkt. No. 22) for summary judgment is DENIED; and it is further ORDERED, that, to the extent Plaintiffs Ninth Claim (Title VII retaliation) and Twelfth Claim (HRL gender-based retaliation) are premised on: (1) any aspect of Plaintiffs participation in the DiFillippo Action; or (2) Plaintiffs 2009 complaints to the Union, Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED; and it is further ORDERED, that, to the extent Plaintiffs Ninth Claim (Title VII retaliation) and Twelfth Claim (HRL gender-based retaliation) are premised on other protected activity, Defendants Motion (Dkt. No. 22) for summary judgment is DENIED; and it is further ORDERED, that, to the extent Plaintiffs Third Claim (ADEA retaliation); Eighth Claim (Title VII disparate treatment); and Ninth Claim (Title VII retaliation) are brought against the Individual Defendants, Defendants Motion (Dkt. No. 22) for summary judgment is GRANTED. Signed by Senior Judge Lawrence E. Kahn on December 04, 2013. (sas)
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| CLERK'S CORRECTION OF DOCKET ENTRY: Re: #39 Reply to Response to Motion IS A DULPICATE DOCUMENT OF DKT. NO. #40 FILED WITHOUT EXHIBITS. (ptm) |
| Filing 41 STATUS REPORT Letter From Brian J. Butler, Esq. by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Leonard, Colin) |
| Filing 40 AMENDED REPLY to Response to Motion re #35 Cross MOTION to Amend/Correct Complaint, #22 MOTION for Summary Judgment and in Opposition to Plaintiff's Cross Motion for Leave to Amend filed by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Attachments: #1 Electronically Available Cases - Part 1, #2 Electronically Available Cases - Part 2, #3 Electronically Available Cases - Part 3, #4 Electronically Available Cases - Part 4, #5 Affidavit /Reply Declaration of Brian J. utler, #6 Affidavit /Declaration of William Farley)(Leonard, Colin) Modified on 5/1/2013 (amt). |
| Filing 39 ***DULPICATE DOCUMENT OF DKT. NO. #40 FILED WITHOUT EXHIBITS***REPLY to Response to Motion re #35 Cross MOTION to Amend/Correct Complaint, #22 MOTION for Summary Judgment filed by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Leonard, Colin) Modified on 5/1/2013 (ptm, ). |
| Reset Deadlines as to #35 Cross MOTION to Amend/Correct & #22 MOTION for Summary Judgment. Response to Motions due by 4/30/2013. Reply to Response to Motions due by 5/6/2013. Motion Hearing is reset for 5/17/2013 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Motions remain on submit. (sas) |
| Filing 38 STATEMENT OF MATERIAL FACTS re #22 MOTION for Summary Judgment filed by Debra Bader. (Flynn, Daniel) |
| Reset Deadlines as to #35 Cross MOTION to Amend/Correct Complaint. Response to Motion due by 4/30/2013. Reply to Response to Motion due by 5/6/2013. Motion Hearing is reset for 5/17/2013 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. (sas) |
| Filing 37 AFFIDAVIT in Opposition re #22 MOTION for Summary Judgment and in support of Plaintiff's cross-motion to amend her complaint filed by Debra Bader. (Bosman, AJ) |
| Filing 36 MEMORANDUM OF LAW in opposition to Defendants' motion for summary judgment filed by Debra Bader. (Attachments: #1 Electronically Reported Cases)(Bosman, AJ) |
| Filing 35 Cross MOTION to Amend/Correct Complaint Motion Hearing set for 5/3/2013 10:00 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 4/16/2013 filed by Debra Bader. (Attachments: #1 Proposed Amended Pleading, #2 Exhibits A - K, #3 Exhibits 1 - 18, #4 Exhibit 19 - part 1, #5 Exhibit 19 - part 2, #6 Exhibit 19 - part 3, #7 Exhibits 20 - 21, #8 Exhibits 22 - 27). (Bosman, AJ) Modified on 4/10/2013 to remove referral langauge (sas). |
| Filing 34 AFFIDAVIT in Opposition re #22 MOTION for Summary Judgment (Declaration of Linda DiFillippo dated Apr. 9, 2013) filed by Debra Bader. (Bosman, AJ) |
| Filing 33 AFFIDAVIT in Opposition re #22 MOTION for Summary Judgment (Declaration of Michael Geddes dated Apr. 9, 2013) filed by Debra Bader. (Bosman, AJ) |
| Filing 32 AFFIDAVIT in Opposition re #22 MOTION for Summary Judgment (Declaration of Debra Bader dated Apr. 9, 2013) filed by Debra Bader. (Bosman, AJ) |
| Filing 31 DEPOSITION TRANSCRIPT of David Maracek taken on November 6, 2012 by Debra Bader.(Bosman, AJ) |
| Filing 30 DEPOSITION TRANSCRIPT of William Farley taken on June 21, 2012 by Debra Bader.(Bosman, AJ) |
| Filing 29 DEPOSITION TRANSCRIPT of Keith Dabbs taken on June 21, 2012 by Keith Dabs.(Bosman, AJ) |
| Filing 28 DEPOSITION TRANSCRIPT of Keith Dabbs taken on May 19, 2012 by Debra Bader.(Bosman, AJ) |
| Filing 27 DEPOSITION TRANSCRIPT of Debra Bader taken on May 19, 2012 by Debra Bader.(Bosman, AJ) |
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Filing 26
ORDER Resetting Hearing on Motion #22 for Summary Judgment upon stipulated request [24-1]: Response to Motion due by 4/9/2013. Reply to Response to Motion due by 4/22/2013. Motion Hearing is reset for 5/3/2013 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. This motion will be considered on the submission of the motion papers, only. No oral arguments will be entertained. Signed by Senior Judge Lawrence E. Kahn on March 20, 2013. (sas)
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| Filing 25 CERTIFICATE OF SERVICE by Debra Bader re #24 Stipulation (Flynn, Daniel) |
| Filing 24 STIPULATION re #22 MOTION for Summary Judgment requesting adjournment of motion by Debra Bader submitted to Judge Lawrence E. Kahn. (Flynn, Daniel) |
| Filing 23 NOTICE from CRD S. Snyder advising the attorneys of record that the JURY TRIAL scheduled for May 07, 2013, in the above case, has been adjourned without a date due to the pending motion for summary judgment. A new trial deadline will be scheduled, if necessary, pending a decision which addresses this dispositive motion. (sas) |
| Filing 22 MOTION for Summary Judgment Motion Hearing set for 4/5/2013 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 3/19/2013 Reply to Response to Motion due by 3/25/2013. filed by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Attachments: #1 Memorandum of Law Memorandum of Law Part 1, #2 Memorandum of Law Memorandum of Law Part 2, #3 Memorandum of Law Memorandum of Law Part 3, #4 Memorandum of Law Memorandum of Law Part 4, #5 Declaration Declaration of Brian J. Butler, #6 Declaration Declaration of Keith Dabbs, #7 Declaration Declaration of William Farley Part 1, #8 Declaration Declaration of William Farley Part 2, #9 Declaration Declaration of William Farley Part 3, #10 Declaration Declaration of Barbara Tarnawa, #11 Statement of Material Facts Defendants' Local Rule 7.1(a)(3) Statement of Material Facts Not in Dispute) (Butler, Brian) |
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Filing 21
ORDER: Request #20 to file a memorandum in excess of 25 pages is GRANTED. The submission shall not exceed 30 pages. Signed by Senior Judge Lawrence E. Kahn on February 21, 2013. (sas)
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| Filing 20 Letter Motion from Brian J. Butler for Keith Dabs, William Farley, Dave Maracek, Special Metals Corporation requesting permission to file memorandum in excess of 25 page limit submitted to Judge Kahn . (Butler, Brian) |
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TEXT ORDER granting #18 Letter Request. Permission granted for the following extensions: Discovery due by 12/31/2012; Motions to be filed by 2/28/2013; Trial Ready Deadline is 5/1/2013; and Jury Trial set for 5/7/2013 in Albany before Senior Judge Lawrence E. Kahn. NO FURTHER EXTENSIONS will be granted. Authorized by Magistrate Judge David E. Peebles on 11/16/12. (cam, )
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| Filing 19 RESPONSE TO LETTER BRIEF as to #18 Letter Request/Motion filed by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation filed by Debra Bader . (Leonard, Colin) |
| Filing 18 Letter Request Letter Motion from Daniel Flynn for Debra Bader requesting extension of discovery deadline submitted to Judge Peebles . (Attachments: #1 Exhibit(s))(Flynn, Daniel) |
| Filing 17 NOTICE of Appearance by Daniel W. Flynn on behalf of All Plaintiffs (Attachments: #1 Certificate of Service)(Flynn, Daniel) |
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TEXT ORDER granting #16 Letter Request. Discovery deadline extended for sole purpose of conducting Dr. Burke and David Maracek's deposition to 11/9/2012. Motion filing deadline extended to 12/14/2012. Authorized by Magistrate Judge David E. Peebles on 9/25/12. (cam, )
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| Filing 16 Letter Motion from Defendant for Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation requesting Discovery Deadline Extension submitted to Judge Peebles . (Butler, Brian) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 7/17/2012. Parties have completed almost all of the depositions, except for one and two treating physicians. Additional discovery demands were made by plaintiff's counsel during the depositions that were held, however, the parties do not believe this will delay the case. Expert retention is not anticipated, nor is a Rule 35 exam of the plaintiff. Confidentiality order has been drafted by defendants' counsel and provided to plaintiff's counsel for review. Once discovery is completed by the deadline of 8/31/12, case will move into the motion phase. No new conference is set before Magistrate Judge Peebles. APP: A.J. Bosman, Esq., Colin Leonard, Esq.. (sal, ) |
| Filing 15 REPORT of Mediation (Andrews, Ross) |
| Filing 14 STIPULATION Selecting Mediator(Butler, Brian) |
| Set/Reset Hearings: Telephone Conference set for 7/17/2012 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is directed to initiate the call to Chambers. (sal, ) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/3/2012. Parties have exchanged discovery. Plaintiff's deposition has been noticed and will take place some time in May. Defendants have been noticed and their depositions are anticipated to take place in June. Parties have selected Ross Andrews as their mediator and mediation is scheduled for 4/26/12. Plaintiff's counsel does not contemplate expert retention. Next telephone conference is set for 7/17/12 at 3:30 PM. Defendants' counsel is directed to initiate the call to Chambers. APP: A.J. Bosman, Esq., Brian Butler, Esq., and Colin Leonard, Esq. (sal, ) |
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Filing 13
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of jury trial: 5 days. Preferred Trial Location: Albany. Mandatory disclosures must be exchanged by 12/19/11. Initial written demands must be served by 1/16/12. Joinder of Parties due by 3/1/2012. Amended Pleadings due by 3/1/2012. Deadline for completion of mediation is 4/30/2012. Discovery due by 8/31/2012. Motions to be filed by 10/31/2012. Trial Ready Deadline is 1/2/2013. Jury Trial set for 1/8/2013 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Signed by Magistrate Judge David E. Peebles on 12/1/11. (sal, )
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| Filing 12 NOTICE of Appearance by Beth A. Lockhart on behalf of Debra Bader (Lockhart, Beth) |
| TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Initial Pretrial Conference held on 12/1/2011. Mandatory disclosures must be exchanged by 12/19/11. Initial written demands must be served by 1/16/12. Joinder and amendment deadlines are set for 3/1/12. Mediation deadline is set for 4/30/12. Discovery deadline is set for 8/31/12. Motion filing deadline is set for 10/31/12. Trial ready deadline is set for 1/2/13. Jury Trial date is set for 1/8/13 at 9:30 AM in Albany before Senior District Judge Kahn. Next telephone conference is set for 4/3/12 at 3:00 PM. Plaintiff's counsel is directed to initiate the call to Chambers. APP: Beth Lockhart, Esq., and Colin Leonard, Esq.. (sal, ) |
| Set/Reset Hearings: Telephone Conference set for 4/3/2012 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal, ) |
| Filing 11 CIVIL CASE MANAGEMENT PLAN by Debra Bader, Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Lockhart, Beth) |
| Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation. (Butler, Brian) |
| Filing 9 ANSWER to Complaint by Keith Dabs, John Does(s), William Farley, Dave Maracek, Special Metals Corporation.(Butler, Brian) |
| Filing 8 Summons Issued as to Dave Maracek. (wbl, ) |
| Filing 7 Summons Issued as to Keith Dabs. (wbl, ) |
| Filing 6 Summons Issued as to William Farley. (wbl, ) |
| Filing 5 CERTIFICATE OF SERVICE by Debra Bader re #4 Complaint (Bosman, AJ) |
| Filing 4 COMPLAINT with Jury Demand against Special Metals Corporation, William Farley, Keith Dabs, Dave Maracek, and John Does(s) filed by Debra Bader. (Bosman, AJ) Modified on 9/22/2011 (wbl, ). |
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TEXT ORDER granting #3 Letter Request. Plaintiff's time to serve and file the complaint is extended until 9/9/11. Authorized by Magistrate Judge David E. Peebles on 8/31/11. (sal, )
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| Filing 3 LETTER MOTION requesting an extension of time to file and serve Plaintiff's complaint by Debra Bader. (Bosman, AJ) Modified on 8/31/2011 to reflect pending motion (sal, ). |
| TEXT NOTICE TO PLAINTIFF'S COUNSEL: Within the #1 notice of removal filed in this case, a demand for service of the complaint was issued by defendant's counsel on 7/26/11. To date, a complaint has not yet been filed in this action. Plaintiff's counsel is directed to promptly file such document with the court, together with a proposed summons for service upon the defendant. Once service upon the defendant in this matter has been effectuated, a response to the complaint must be filed by defendant in accordance with the local rules of this district. (sal, ) |
| Removed the Answer deadline. The Complaint has not yet been served on the Defendant(s). (wbl, ) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 12/1/2011 at 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 11/17/2011. (sfp, ) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court County of Oneida, case number CA2011-001411 (Filing fee $350 receipt number 1924377) filed by Special Metals Corporation. (Attachments: #1 Civil Cover Sheet)(sfp, ) |
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