Armstrong et al v. Metropolitan Transportation Authority et al

Plaintiff:	Marilyn Y. Armstrong, Marshall R. Mazyck, Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Kenneth Davis, Eric Moore, Nzingha M. Kellman and Michael Benjamin
Defendant:	Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville and Terrance Culhane
Case Number:	1:2007cv03561
Filed:	May 4, 2007
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Deborah A Batts
Referring Judge:	Henry B Pitman
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 1981 Job Discrimination (Race)
Jury Demanded By:	Plaintiff

Date Filed	Document Text
September 29, 2015	Filing 344 STIPULATION AND ORDER OF DISCONTINUANCE AND DISMISSAL: Plaintiffs and Defendants, through their undersigned attorneys, hereby stipulate to the voluntary discontinuance and dismissal of the above-captioned action, with prejudice, and without costs, attorneys' fees, expenses or disbursements to any party as against the other. The parties hereby stipulate and agree that no party hereto is an infant or incompetent person for whom a committee has been appointed. (Signed by Judge Deborah A. Batts on 9/29/2015) (kgo)
July 10, 2015	Filing 343 ORDER granting #342 Letter Motion for Extension of Time. GRANTED. Pretrial Order due by 7/27/2015. (Signed by Judge Deborah A. Batts on 7/10/2015) (kgo)
July 9, 2015	Filing 342 LETTER MOTION for Extension of Time to file Pretrial Submissions addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated July 9, 2015. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
June 11, 2015	Filing 341 MEMO ENDORSEMENT on re: #340 Letter, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman. ENDORSEMENT: GRANTED. (Signed by Judge Deborah A. Batts on 6/11/2015) (kgo)
June 9, 2015	Filing 340 LETTER addressed to Judge Deborah A. Batts from both parties dated June 8, 2015 re: Request for extension of time for filing Pretrial Submissions. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett.(Jeremias, Jonathan)
April 8, 2015	Filing 339 INTERNET CITATION NOTE: Material from decision with Internet citation re: #337 Order. (vf)
March 19, 2015	Filing 338 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 3/13/2015 re: Request that the deadlines for submission of the Pretrial Submissions be adjourned 60 days, so that Proposed Requests to Charge, Proposed Voire Dire, the Joint Pretrial Statement, and Pretrial Memoranda of Law will be due June 12, 2015, and Responses to the Pretrial Memoranda will be due June 29, 2015. The parties will advise the Court as to whether or not the matter is resolved through mediation after the second mediation session on April 28th. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/19/2015) (kko)
March 3, 2015	Filing 337 MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, Defendants' Motions for Summary Judgment are DENIED as to Plaintiffs Davis, Willett, Mazyck, Moore, Kellman, Armstrong, and Henrys race-based hostile work environment claims brought against MTA under Title VII, NYSHRL, and NYCHRL and brought against McConville in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL. Defendants' Motions for Summary Judgment are GRANTED as to Davis, Willett, Mazyck, Moore, Kellman, Armstrong, and Henrys race-based hostile work environment claims brought against Culhane in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL, and as to Kellman and Armstrongs sex-based hostile work environment claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983. The Memoranda and Orders located at ECF Nos. 239, 251, 295, 303, and 305 are REVISED as set forth supra Parts II.B.3, II.B.4, and II.C. All other holdings in ECF Nos. 239, 251, 295, 303, and 305 remain unchanged. Proposed Requests to Charge, Proposed Voir Dire, a Joint Pre-trial Statement ("JPTS"), and Memoranda of Law addressing those issues raised in the JPTS shall be submitted no later than six weeks from the date of this Order. The JPTS shall conform to the Court's Individual Practices and Supplemental Trial Procedure Rules. Responses to the Memoranda shall be submitted no later than eight weeks from the date of this Order. There shall be no replies. (Signed by Judge Deborah A. Batts on 3/3/2015) (rjm)
September 25, 2014	Filing 336 OPINION #104806: As set forth within, Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as follows: (1) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's disparate treatment claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983; (2) Plaintiff's only timely, non-waived, and non-abandoned retaliation claims regard the denial of his 2007 application for promotion to Captain. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's retaliation claims brought against MTA under Title VII, NYSHRL, and NYCHRL, and brought against McConville in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL; but it is GRANTED as to Plaintiff's retaliation claims brought against MTA and the individual Defendants in their official capacities under 1981 and 1983, and brought against Culhane in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL; (3) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's pattern or practice claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983; (4) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's 1981 and 1983 claims brought against MTA and the individual Defendants in their official capacities; (5) Decision is reserved with respect to Plaintiff's hostile work environment claims brought against MTA under Title VII, NYSHRL, and NYCHRL, and brought against McConville and Culhane in their individual capacities under 1981, 1983, the NYSHRL, and the NYCHRL. SO ORDERED. (See Order.) (Signed by Judge Deborah A. Batts on 9/25/2014) (ajs) Modified on 9/29/2014 (ca).
August 28, 2014	Filing 335 OPINION #104667 re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong filed by Terrance Culhane, Metropolitan Transportation Authority, Kevin McConville, William Morange, Elliot Sander: For the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as further set forth in this Opinion. (Signed by Judge Deborah A. Batts on 8/28/2014) (tn) Modified on 9/3/2014 (ca).
March 26, 2014	Filing 334 INTERNET CITATION NOTE: Material from decision with Internet citation re: #333 Memorandum & Opinion. (fk)
March 26, 2014	Filing 333 OPINION 104125 re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman, filed by Terrance Culhane, Metropolitan Transportation Authority, Kevin McConville, William Morange, Elliot Sander. For the reasons set forth herein, Defendants' Motion for Summary Judgment is granted in part, denied in part, and the Court reserves decision in part. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/26/2014) (ja) Modified on 3/28/2014 (nt).
September 25, 2013	Filing 332 MEMORANDUM AND ORDER granting #185 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for Summary Judgment against the causes of action of Gordon Urquhart is GRANTED in its entirety. (Signed by Judge Deborah A. Batts on 9/25/2013) (mro)
August 22, 2013	Filing 331 MEMORANDUM AND ORDER granting in part and denying in part #160 Motion for Summary Judgment. Defendants Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as listed herein. (Signed by Judge Deborah A. Batts on 8/22/2013) (ft)
June 17, 2013	Filing 330 SEALED DOCUMENT placed in vault.(mps)
June 17, 2013	Filing 329 DECLARATION of Jonathan R. Jeremias in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan)
March 8, 2013	Filing 328 AMENDED REPLY MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 8, 2013	Filing 327 AMENDED REPLY MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 8, 2013	Filing 326 AMENDED REPLY MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 8, 2013	Filing 325 AMENDED REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 8, 2013	Filing 324 AMENDED REPLY MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 8, 2013	Filing 323 CERTIFICATE OF SERVICE of Memorandum of Law and Response to Defendants' Local Rule 56.1 Statement served on Steven Fuchs on 03/08/2013. Service was made by E-mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
March 8, 2013	Filing 322 SEALED DOCUMENT placed in vault.(mps)
March 6, 2013	Filing 321 CERTIFICATE OF SERVICE of Memorandum of Law and Response to Defendants' Local Rule 56.1 Statement served on Steven Fuchs on 03/06/2013. Service was made by E-mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
March 6, 2013	Filing 320 SEALED DOCUMENT placed in vault.(mps)
March 6, 2013	Filing 319 SEALED DOCUMENT placed in vault.(mps)
March 6, 2013	Filing 318 SEALED DOCUMENT placed in vault.(mps)
March 6, 2013	Filing 317 SEALED DOCUMENT placed in vault.(mps)
February 28, 2013	Filing 316 AMENDED MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 28, 2013	Filing 315 SEALED DOCUMENT placed in vault.(nm)
February 28, 2013	Filing 314 SEALED DOCUMENT placed in vault.(nm)
February 28, 2013	Filing 313 CERTIFICATE OF SERVICE of Memoranda of Law served on MTA on 2/28/13. Service was accepted by Stephen A. Fuchs. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
February 27, 2013	Filing 312 AMENDED MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 25, 2013	Filing 311 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 2/25/2013 re: Counsel make a joint request, for a two-week extension, until 3/22/2013, for the filing of memorandum of law regarding the motions for summary judgment. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 2/25/2013) (tro)
February 21, 2013	Filing 310 MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 19, 2013	Filing 309 MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 8, 2013	Filing 308 AMENDED MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 6, 2013	Filing 307 ORDER: Docket numbers 161, 186, 209, 214, 217, 232, 235, 240, 250, 253, 262, 272, 278, 281, 296, and 306 are in violation of Local Civil Rule 11.1(b) and are therefore STRICKEN. Should the Parties wish the Court to consider any memoranda of law regarding the Motions for Summary Judgment, they shall re-file memoranda that comply with Local Civil Rule 11.1(b) within thirty days of this Order. (Signed by Judge Deborah A. Batts on 2/6/2013) (ft)
February 6, 2013	***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to #307 Order Striking Document from Record. (ft)
February 5, 2013	Filing 306 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
September 4, 2012	Filing 305 MEMORANDUM AND ORDER granting in part and denying in part #115 Motion for Summary Judgment. Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's claims of retaliation based on the LOI. The Court reserves decision with respect to Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Mazyck's other claims is GRANTED. (Signed by Judge Deborah A. Batts on 9/4/2012) (ft)
August 9, 2012	Filing 304 ENDORSED LETTER addressed to Judge Deborah A. Batts, from Rachel Nicotra, dated 8/1/2012, re: in response to Defendants' July 30, 2012 letter to this Court seeking leave to file a brief on the issues of Plaintiffs' hostile work environment claims on which the Court has reserved judgment. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 8/9/2012) (ja)
August 2, 2012	Filing 303 MEMORANDUM AND ORDER granting #252 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for summary Judgment is GRANTED in its entirety. SO ORDERED.(Signed by Judge Deborah A. Batts on 8/01/2012) (ama)
July 20, 2012	Filing 302 SEALED DOCUMENT placed in vault.(mps)
July 20, 2012	Filing 301 CERTIFICATE OF SERVICE of Defendants' Reply Memorandum of Law in Support of Motion for Summary Judgment against Bryan Henry, Defendants' Reply to Plaintiff Bryan Henry's Corrected Counterstatement of Material Facts, Defendants' Reply to Plaintiff Bryan Henry's Corrected Responses to Defendants' Statement Pursuant to Local Rule 56.1, Reply Declaration of Stephen A. Fuchs, Reply Declaration of Christopher Erath, Ph.D on 7/20/2012. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 20, 2012	Filing 300 DECLARATION of Christopher Erath, Ph.D in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
July 20, 2012	Filing 299 DECLARATION of Stephen A. Fuchs in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Fuchs, Stephen)
July 20, 2012	Filing 298 REPLY to Response to Motion re: #252 MOTION for Summary Judgment Against Bryan Henry. Defendants' Reply to Plaintiff Bryan Henry's Corrected Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 20, 2012	Filing 297 REPLY to Response to Motion re: #252 MOTION for Summary Judgment Against Bryan Henry. Defendants' Reply to Plaintiff Bryan Henry's Corrected Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 20, 2012	Filing 296 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
July 16, 2012	Filing 295 MEMORANDUM AND ORDER granting in part and decision is reserved in part #86 Motion for Summary Judgment. Accordingly, for all the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part and decision is reserved on Defendants' Motion for Summary Judgment on Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Blake Willett's other claims is GRANTED. (Signed by Judge Deborah A. Batts on 7/16/2012) (pl)
July 10, 2012	Filing 294 SEALED DOCUMENT placed in vault.(mps)
July 10, 2012	Filing 293 CERTIFICATE OF SERVICE of Corrected Declaration of Jonathan R. Jeremias, and Plaintiffs' Corrected Response to Defendants' Local Rule 56.1 Statement and Counterstatement served on Craig A. Benson, Stephen A. Fuchs, Elias Jay Kahn, Keith Jay Rosenblatt on July 10, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
July 10, 2012	Filing 292 DECLARATION of Jonathan Jeremias in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-P, #4 Exhibit Q-X, #5 Exhibit Y, #6 Exhibit Z, #7 Exhibit AA-NN, #8 Exhibit OO-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF, #15 Exhibit GGG-1, #16 Exhibit GGG-2, #17 Exhibit GGG-3, #18 Exhibit HHH, #19 Exhibit III, #20 Exhibit JJJ, #21 Exhibit KKK, #22 Exhibit LLL, #23 Exhibit MMM, #24 Exhibit NNN, #25 Exhibit OOO, #26 Exhibit PPP, #27 Exhibit QQQ, #28 Exhibit RRR, #29 Exhibit SSS, #30 Exhibit TTT, #31 Exhibit UUU, #32 Exhibit VVV, #33 Exhibit WWW, #34 Exhibit XXX, #35 Exhibit YYY, #36 Exhibit ZZZ, #37 Exhibit AAAA, #38 Exhibit BBBB, #39 Exhibit CCCC, #40 Exhibit DDDD, #41 Exhibit EEEE, #42 Exhibit FFFF)(Jeremias, Jonathan)
July 9, 2012	Filing 291 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 7/9/2012 re: Counsel for plaintiffs write to request leave to amend our response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment against Bryan Henry in order to withdraw Exhibit M, to remove references to Exhibit M which appear in paragraphs 43R, 47R, XX, 000 and in footnote 25 of Plaintiffs' responsive 56.1 Statement and counter- statement, and to replace such references with citations to other evidence which is already in the record. ENDORSEMENT: Leave to amend GRANTED. Extension GRANTED., ( Responses due by 7/20/2012) (Signed by Judge Deborah A. Batts on 7/9/2012) (pl)
June 8, 2012	Filing 290 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibits annexed thereto; 2) Reply Declaration of Karen Taylor in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibit annexed thereto; 3) Reply Declaration of Ernest Pucillo in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibit annexed thereto 4) Reply Declaration of Joseph Martelli in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong 5) Reply Declaration of James Flanagan in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong; 6) Reply Declaration of Peter Cummo in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong; 7) Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 8) Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Counterstatement of Material Facts and 9) Defendants' Reply Memorandum of Law in Support of Motion for Summary Judgment Against Plaintiff Marilyn Armstrong served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on June 8, 2012. Service was made by By ECF and U.S. Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 289 REPLY to Response to Motion re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 288 REPLY to Response to Motion re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Responses to Defendents' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 287 DECLARATION of Ernest Pucillo in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
June 8, 2012	Filing 286 DECLARATION of James Flanagan in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 285 DECLARATION of Joseph Martelli in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 284 DECLARATION of Peter Cummo in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 8, 2012	Filing 283 DECLARATION of Karen Taylor in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
June 8, 2012	Filing 282 DECLARATION of Stephen A. Fuchs in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52)(Fuchs, Stephen)
June 8, 2012	Filing 281 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
June 8, 2012	Filing 280 SEALED DOCUMENT placed in vault.(mps)
June 7, 2012	Filing 279 ENDORSED LETTER addressed to Judge Deborah A Batts from Stephen A Fuchs dated 6/5/2012 re: Defendants respectfully request an extension of the Court's page limit, set forth in the Court's Individual Rules of Practice, for reply memoranda of law from 10 pages to 15 pages. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 6/7/2012) (cd)
June 1, 2012	Filing 278 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).
June 1, 2012	Filing 277 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Bryan Henry, Declaration of Joshua Ontell, Plaintiffs' Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiffs' Memorandum of Law served on Stephen Fuchs on June 1, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
June 1, 2012	Filing 276 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jonathan Jeremias in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-P, #4 Exhibit Q-X, #5 Exhibit Y, #6 Exhibit Z, #7 Exhibit AA-NN, #8 Exhibit OO-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF, #15 Exhibit GGG-1, #16 Exhibit GGG-2, #17 Exhibit GGG-3, #18 Exhibit HHH, #19 Exhibit III, #20 Exhibit JJJ, #21 Exhibit KKK, #22 Exhibit LLL, #23 Exhibit MMM, #24 Exhibit NNN, #25 Exhibit OOO, #26 Exhibit PPP, #27 Exhibit QQQ, #28 Exhibit RRR, #29 Exhibit SSS, #30 Exhibit TTT, #31 Exhibit UUU, #32 Exhibit VVV, #33 Exhibit WWW, #34 Exhibit XXX, #35 Exhibit YYY, #36 Exhibit ZZZ, #37 Exhibit AAAA, #38 Exhibit BBBB, #39 Exhibit CCCC, #40 Exhibit DDDD, #41 Exhibit EEEE, #42 Exhibit FFFF)(Jeremias, Jonathan) Modified on 7/13/2012 (ka).
June 1, 2012	Filing 275 DECLARATION of Joshua Ontell in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Jeremias, Jonathan)
June 1, 2012	Filing 274 DECLARATION of Bryan Henry in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A)(Jeremias, Jonathan)
May 18, 2012	Filing 273 ENDORSED LETTER addressed to Judge Deborah A. Batts from Jonathan R. Jeremias dated 5/17/2012 re: Request that Your Honor so-order this letter directing the Clerk of the Court to accept, as an exhibit, a DVD containing video clip, and as further specified in this letter of request. ENDORSEMENT: Granted. Request to file DVD exhibit containing video clip granted. So ordered. (Signed by Judge Deborah A. Batts on 5/18/2012) (rjm)
April 27, 2012	Filing 272 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).
April 27, 2012	Filing 271 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Marilyn Armstrong, Plaintiffs' Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiffs' Memorandum of Law served on Stephen Fuchs on April 27, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
April 27, 2012	Filing 270 DECLARATION of Jonathan Jeremias in Opposition re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC, #56 Exhibit DDD, #57 Exhibit EEE, #58 Exhibit FFF, #59 Exhibit GGG, #60 Exhibit HHH, #61 Exhibit III, #62 Exhibit JJJ, #63 Exhibit KKK, #64 Exhibit LLL, #65 Exhibit MMM, #66 Exhibit NNN, #67 Exhibit OOO, #68 Exhibit PPP, #69 Exhibit QQQ, #70 Exhibit RRR, #71 Exhibit SSS, #72 Exhibit TTT, #73 Exhibit UUU, #74 Exhibit VVV, #75 Exhibit WWW, #76 Exhibit XXX, #77 Exhibit YYY, #78 Exhibit ZZZ, #79 Exhibit AAAA, #80 Exhibit BBBB, #81 Exhibit CCCC, #82 Exhibit DDDD, #83 Exhibit EEEE, #84 Exhibit FFFF part 1, #85 Exhibit FFFF part 2, #86 Exhibit GGGG, #87 Exhibit HHHH, #88 Exhibit IIII, #89 Exhibit JJJJ, #90 Exhibit KKKK, #91 Exhibit LLLL, #92 Exhibit MMMM, #93 Exhibit NNNN, #94 Exhibit OOOO, #95 Exhibit PPPP, #96 Exhibit QQQQ, #97 Exhibit RRRR, #98 Exhibit SSSS, #99 Exhibit TTTT, #100 Exhibit UUUU, #101 Exhibit VVVV, #102 Exhibit WWWW, #103 Exhibit XXXX, #104 Exhibit YYYY, #105 Exhibit ZZZZ, #106 Exhibit AAAAA, #107 Exhibit BBBBB, #108 Exhibit CCCCC, #109 Exhibit DDDDD)(Jeremias, Jonathan)
April 27, 2012	Filing 269 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 2) Reply Declaration of Stephen Conner in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 3) Reply Declaration of Robert Terrett in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 4) Reply Declaration of Wilfredo Barreto in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman; 5) Defendants' Reply to Plaintiff Nzingha M. Kellman's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 6) Defendants' Reply to Plaintiff Nzingha M. Kellman's Counterstatement of Facts and 7) Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Nzingha Kellman served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on April 27, 2012. Service was made by by ECF and US Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 27, 2012	Filing 268 REPLY to Response to Motion re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Defendants' Reply to Plaintiff Nzingha M. Kellman's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 27, 2012	Filing 267 RESPONSE to Motion re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Defendants' Reply to Plaintiff Nzingha M. Kellman's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 27, 2012	Filing 266 DECLARATION of Stephen Conner in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
April 27, 2012	Filing 265 DECLARATION of Robert Terrett in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)
April 27, 2012	Filing 264 DECLARATION of Wilfredo Barreto in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 27, 2012	Filing 263 DECLARATION of Stephen A. Fuchs, Esq. in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Fuchs, Stephen)
April 27, 2012	Filing 262 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
April 27, 2012	Filing 261 DECLARATION of Marilyn Armstrong in Opposition re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jeremias, Jonathan)
April 27, 2012	Filing 260 SEALED DOCUMENT placed in vault.(mps)
April 6, 2012	Filing 259 CERTIFICATE OF SERVICE of 1) Notice of Motion; 2) Declaration of Stephen A. Fuchs in Support of Defendant's Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 3) Declaration of Thomas Dunn in Support of Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 4) Declaration of Kevin McConville in Support of Defendants' Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 5) Defendants' Local Rule 56.1 Statement in Suport of Motion for Summary Judgment Against Bryan Henry and 6) Defendant's Memoranum of Law in Support of Summary Judgment Against Plaintiff Bryan Henry. served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on April 6, 2012. Service was made by ECF and US Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 6, 2012	Filing 258 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 6, 2012	Filing 257 DECLARATION of Kevin McConville in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
April 6, 2012	Filing 256 DECLARATION of Thomas Dunn in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fuchs, Stephen)
April 6, 2012	Filing 255 DECLARATION of Stephen A. Fuchs in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30 Part I, #31 Exhibit 30 Part II, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48)(Fuchs, Stephen)
April 6, 2012	Filing 254 SEALED DOCUMENT placed in vault.(nm)
April 6, 2012	Filing 253 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
April 6, 2012	Filing 252 MOTION for Summary Judgment Against Bryan Henry. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 6/1/2012 Return Date set for 7/13/2012 at 12:00 AM.(Fuchs, Stephen)
March 30, 2012	Filing 251 MEMORANDUM AND ORDER: terminating #74 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claims of racial and gender discrimination under Title VII, NYSHRL, and NYCHRL; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's hostile work environment claims; Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's retaliation claims based on the LOI issuance; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's retaliation claims based on Plaintiff's transfer out of AIU and subsequent reassignment to Hillside, Queens; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's pattern or practice of discrimination claims; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's 1981 and 1983 claims. (Signed by Judge Deborah A. Batts on 3/30/2012) (pl) Modified on 4/2/2012 (pl).
March 16, 2012	Filing 250 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).
March 16, 2012	Filing 249 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Nzingha Kellman, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on March 16, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
March 16, 2012	Filing 248 DECLARATION of Jonathan Jeremias in Opposition re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B-D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G-M, #6 Exhibit N-O, #7 Exhibit P, #8 Exhibit Q-W, #9 Exhibit X, #10 Exhibit Y-Z, #11 Exhibit AA-LL, #12 Exhibit MM-SS, #13 Exhibit TT-ZZ, #14 Exhibit AAA-FFF, #15 Exhibit GGG-III, #16 Exhibit JJJ-NNN, #17 Exhibit OOO, #18 Exhibit PPP-RRR, #19 Exhibit SSS, #20 Exhibit TTT-UUU, #21 Exhibit VVV-WWW, #22 Exhibit XXX-ZZZ, #23 Exhibit AAAA-CCCC, #24 Exhibit DDDD-FFFF, #25 Exhibit GGGG-IIII, #26 Exhibit JJJJ-LLLL, #27 Exhibit MMMM, #28 Exhibit NNNN-PPPP, #29 Exhibit QQQQ-UUUU, #30 Exhibit VVVV)(Jeremias, Jonathan)
March 16, 2012	Filing 247 DECLARATION of Nzingha Kellman in Opposition re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
March 16, 2012	Filing 246 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Gordon Urquhart, with exhibits annexed thereto; 2) Reply Declaration of James Flanagan in Support of Defendants' Motion for Summary Judgment Dismissing Claims of Gordon Urquhart; 3) Reply Declaration of Marc Noens in Support of Defendants' Motion for Summary Judgment Dismissing Claims of Gordon Urquhart; 4) Defendants' Reply to Plaintiff Gordon Urquhart's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 5) Defendants Responses to Plaintiff Gordon Urquhart's Counterstatement of Material Facts and 6) Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Gordon Urquhart served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Janet C. Neschis, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on 03/16/2012. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 16, 2012	Filing 245 REPLY to Response to Motion re: #185 MOTION for Summary Judgment Against Gordon Urquhart. Defendants' Response to Plaintiff Gordon Urquhart's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 16, 2012	Filing 244 REPLY to Response to Motion re: #185 MOTION for Summary Judgment Against Gordon Urquhart. Defendants' Reply to Plaintiff Gordon Urquhart's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 16, 2012	Filing 243 DECLARATION of James Flanagan in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 16, 2012	Filing 242 DECLARATION of Marc Noens in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 16, 2012	Filing 241 DECLARATION of Stephen A. Fuchs in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Fuchs, Stephen)
March 16, 2012	Filing 240 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
March 6, 2012	Filing 239 MEMORANDUM AND ORDER granting in part and denying in part #65 Motion for Summary Judgment filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange and Elliot Sander: For the reasons set forth within, Defendants' Motion for Summary Judgment is GRANTED in part but decision is reserved on Defendants' Motion for summary Judgment on Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Kenneth Davis' other claims is GRANTED. (Signed by Judge Deborah A. Batts on 3/6/2012) (ab)
February 17, 2012	Filing 238 CERTIFICATE OF SERVICE of 1) Notice of Motion; 2) Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibits annexed thereto; 3) Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment Against Marilyn Armstrong and 4) Defendants' Memorandum of Law in Support of Summary Judgment Against Plaintiff Marilyn Armstrong. served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLauglin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on February 17, 2012. Service was made by Mail and Email. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 17, 2012	Filing 237 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 17, 2012	Filing 236 DECLARATION of Stephen A. Fuchs in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68)(Fuchs, Stephen)
February 17, 2012	Filing 235 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
February 17, 2012	Filing 234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 4/27/2012 Return Date set for 6/8/2012 at 11:59 PM.(Fuchs, Stephen)
February 17, 2012	Filing 233 SEALED DOCUMENT placed in vault.(nm)
February 3, 2012	Filing 232 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).
February 3, 2012	Filing 231 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Gordon Urquhart, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on February 3, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
February 3, 2012	Filing 230 DECLARATION of Gordon Urquhart in Opposition re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E)(Jeremias, Jonathan)
February 3, 2012	Filing 229 DECLARATION of Jonathan Jeremias in Opposition re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-H, #3 Exhibit I-P, #4 Exhibit Q-Z, #5 Exhibit AA-KK, #6 Exhibit LL-PP, #7 Exhibit QQ-SS, #8 Exhibit TT-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC-HHH, #12 Exhibit III-PPP, #13 Exhibit QQQ-RRR)(Jeremias, Jonathan)
February 3, 2012	Filing 228 NOTICE OF CHANGE OF ADDRESS by Norman H. Siegel on behalf of All Plaintiffs. New Address: Siegel Teitelbaum & Evans, LLP, 260 Madison Ave., 22nd Floor, New York, NY, USA 10016, 212-455-0300. (Siegel, Norman)
January 27, 2012	Filing 227 AFFIDAVIT OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Eric Moore, with exhibits annexed thereto; 2) Reply Declaration of Stephen Conner in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore, with exhibits, annexed thereto; 3) Reply Declaration of Joseph Martelli in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore, with exhibits annexed thereto; 4) Reply Declaration of Patrick Ketcham in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore; 5) Reply Declaration of Michael Alfalla in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore; 6) Defendants' Reply to Plaintiff's Response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgement Agains Eric Moore; 7) Defendants' Response to Plaintiff Eric Moore's Counterstatement of Facts and 8) Defendants' Reply Memorandum of Law in Support of Summary Judgement against Plaintiff Eric Moore served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq., McLaughlin & Stern, LLP on 1/27/2012. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 27, 2012	Filing 226 DECLARATION of Stephen Conner in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)
January 27, 2012	Filing 225 DECLARATION of Joseph Martelli in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen)
January 27, 2012	Filing 224 DECLARATION of Patrick Ketcham in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 27, 2012	Filing 223 REPLY to Response to Motion re: #160 MOTION for Summary Judgment against Eric Moore. Defendants' Reply to Plaintiff Eric Moore's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 27, 2012	Filing 222 REPLY to Response to Motion re: #160 MOTION for Summary Judgment against Eric Moore. Defendants' Response to Plaintiff Eric Moore's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 27, 2012	Filing 221 DECLARATION of Michael Alfalla in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 27, 2012	Filing 220 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Defendants' Response to Plaintiff Eric Moore's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/9/2012 (db).
January 27, 2012	Filing 219 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Defendants' Reply to Plaintiff Eric Moore's Response to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/9/2012 (db).
January 27, 2012	Filing 218 DECLARATION of Stephen A. Fuchs in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Fuchs, Stephen)
January 27, 2012	Filing 217 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
January 27, 2012	Filing 216 SEALED DOCUMENT placed in vault.(nm)
December 23, 2011	Filing 215 CERTIFICATE OF SERVICE of Defendants' Notice of Motion, Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman with exhibits annexed thereto; Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment Against Nzingha Kellman and Defendants' Memorandum of Law in Support of Summary Judgment Against Plaintiff Nzingha Kellman served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq. of McLaughlin & Stern, LLP on 12/23/2011. Service was made by Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 23, 2011	Filing 214 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. FIRST MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
December 23, 2011	Filing 213 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 23, 2011	Filing 212 DECLARATION of Stephen A Fuchs. Esq. in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70)(Fuchs, Stephen)
December 23, 2011	Filing 211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 3/16/2012 Return Date set for 4/27/2012 at 11:59 PM.(Fuchs, Stephen)
December 23, 2011	Filing 210 SEALED DOCUMENT placed in vault.(mps)
December 16, 2011	Filing 209 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(nm) Modified on 2/6/2013 (ft).
December 16, 2011	Filing 208 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Eric Moore, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on December 16, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
December 16, 2011	Filing 207 DECLARATION of Jonathan Jeremias in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan)
December 16, 2011	Filing 206 DECLARATION of Eric Moore in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
December 16, 2011	Filing 205 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan) Modified on 12/21/2011 (kco).
December 16, 2011	Filing 204 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan) Modified on 12/21/2011 (kco).
December 5, 2011	Filing 203 DECLARATION of Frances Zaino in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fuchs, Stephen)
December 5, 2011	Filing 202 DECLARATION of Stephen A. Fuchs, Esq. in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Fuchs, Stephen)
December 2, 2011	Filing 201 SEALED DOCUMENT placed in vault.(nm)
December 2, 2011	Filing 200 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Michael Benjamin with exhibts annexed thereto; 2) Declaration of Francis Zaino in Support of Motion for Summary Judgment Against Michael Benjamin, with exhibits annexed thereto; 3) Declaration of Kristin Murray in Support of Motion for Summary Judgment against Michael Benjamin, with exhibits annexed hereto, (4) Declaration of Joseph Martelli in support of Motion for Summary judgment against Michael Benjamin, with exhibits annexed thereto, (5) Defendants reply memorandum of law in support of summary judgment against Plaintiff Michael Benjamin, (6) Defendants reply to plaintiff Michael Benjamin's responses to defendants statement pursuant to local rule 56.1 (7) Defendants reply to plaintiff Michael Benjamin's Counterstatement of material Facts. served on Norman Siegal, Esq.,Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jermias, Janet Neschis on 12/2/2011. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 2, 2011	Filing 199 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 2, 2011	Filing 198 REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Reply to Plaintiff Michael Benjamin's Responses to Defendants' Statement pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 2, 2011	Filing 197 REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Reply to Plaintiff Michael Benjiman's Counterstatement of Material Facts.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
December 2, 2011	Filing 196 DECLARATION of Joseph Martelli in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)
December 2, 2011	Filing 195 DECLARATION of Kristen Murray in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Errata D)(Fuchs, Stephen)
December 2, 2011	Filing 194 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Francis Zaino in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen) Modified on 12/22/2011 (db).
December 2, 2011	Filing 193 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Stephen A. Fuchs in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Fuchs, Stephen) Modified on 12/22/2011 (db).
December 2, 2011	Filing 192 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
November 11, 2011	Filing 190 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs in Support with accompanying exhibits annexed thereto, Declaration of Daniel Ojeda in Support with accompanying exhibits annexed thereto, Defendants' Local Rule 56.1 Statement in Support and Defendants' Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq. and Jonathan Jeremias, Esq. on November 11, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
November 11, 2011	Filing 189 DECLARATION of Stephen A. Fuchs in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)
November 11, 2011	Filing 188 DECLARATION of Daniel Ojeda in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
November 11, 2011	Filing 187 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
November 11, 2011	Filing 186 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
November 11, 2011	Filing 185 MOTION for Summary Judgment Against Gordon Urquhart. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 2/3/2012(Fuchs, Stephen)
November 10, 2011	Filing 191 SEALED DOCUMENT placed in vault.(mps)
October 27, 2011	Filing 184 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 10/25/2011 re: Counsel for the Defendant writes to propose an adjusted schedule that involves two weeks shifts in the remaining dates in the schedule for Defendant's summary judgment motions (see Letter for dates). ENDORSEMENT: GRANTED. No further extensions. (Motions due by 4/6/2012. Responses due by 6/1/2012. Replies due by 7/13/2012.) (Signed by Judge Deborah A. Batts on 10/27/2011) (ab)
October 7, 2011	Filing 183 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Marshall Mazyck, with exhibits 1-41, Reply Declaration of Ernest Pucillo in Support of Motion for Summary Judgment Against Marshall Mazyck with exhibit A, Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Marshall Mazyck, Defendants' Reply to Plaintiff Marshall Mazyck's Responses to Defendants Statement Pursuant to Local Rule 56.1 and Defendants' Reply to Plaintiff Marshall R. Mazyck's Counterstatement of Material Facts. served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jermias, Esq., and Janet Neschis, Esq. on October 7, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
October 7, 2011	Filing 182 REPLY to Response to Motion re: #115 MOTION for Summary Judgment against Marshall Mazyck. Reply to Plaintiff Marshall Mazyck's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
October 7, 2011	Filing 181 DECLARATION of Ernest Pucillo in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of Ernest Pucillo)(Fuchs, Stephen)
October 7, 2011	Filing 180 DECLARATION of Stephen A. Fuchs in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs, #30 Exhibit 30 to Declaration of Stephen A. Fuchs, #31 Exhibit 31 to Declaration of Stephen A. Fuchs, #32 Exhibit 32 to Declaration of Stephen A. Fuchs, #33 Exhibit 33 to Declaration of Stephen A. Fuchs, #34 Exhibit 34 to Declaration of Stephen A. Fuchs, #35 Exhibit 35 to Declaration of Stephen A. Fuchs, #36 Exhibit 36 to Declaration of Stephen A. Fuchs, #37 Exhibit 37 to Declaration of Stephen A. Fuchs, #38 Exhibit 38 to Declaration of Stephen A. Fuchs, #39 Exhibit 39 to Declaration of Stephen A. Fuchs, #40 Exhibit 40 to Declaration of Stephen A. Fuchs, #41 Exhibit 41 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)
October 7, 2011	Filing 179 REPLY to Response to Motion re: #115 MOTION for Summary Judgment against Marshall Mazyck. Reply to Plaintiff Marshall Mazyck's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
October 7, 2011	Filing 178 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
October 7, 2011	Filing 177 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Jonathan R. Jeremias, Declaration of Michael Benjamin served on Stephen A. Fuchs on October 7, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)
October 7, 2011	Filing 176 SEALED DOCUMENT placed in vault.(nm)
October 7, 2011	Filing 175 SEALED DOCUMENT placed in vault.(mps)
October 7, 2011	Filing 174 DECLARATION of Jonathan R. Jeremias in Opposition re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-M, #3 Exhibit N-Z, #4 Exhibit AA-MM, #5 Exhibit NN-RR, #6 Exhibit SS-ZZ, #7 Exhibit AAA-CCC, #8 Exhibit DDD, #9 Exhibit EEE-NNN, #10 Exhibit OOO-UUU, #11 Exhibit VVV-ZZZ, #12 Exhibit AAAA)(Jeremias, Jonathan)
October 7, 2011	Filing 173 DECLARATION of Michael Benjamin in Opposition re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-C)(Jeremias, Jonathan)
October 5, 2011	Filing 172 NOTICE OF APPEARANCE by Janet Cohn Neschis on behalf of Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett (Neschis, Janet)
October 4, 2011	Filing 171 NOTICE OF APPEARANCE by Jonathan Robert Jeremias on behalf of Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett (Jeremias, Jonathan)
September 27, 2011	Filing 170 CERTIFICATE OF SERVICE of Corrected Rule 56.1 Response and Counterstatement, Corrected Declaration of Rachel Nicotra, Corrected Declaration of Marshall Mazyck served on Stephen A. Fuchs on September 27, 2011. Service was made by Electronic Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Hyman, Steven)
September 27, 2011	Filing 169 SEALED DOCUMENT placed in vault.(nm)
September 27, 2011	Filing 168 DECLARATION of Rachel D. Nicotra in Opposition re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-R, #3 Exhibit S-Z, #4 Exhibit AA-NN, #5 Exhibit OO-YY, #6 Exhibit ZZ Part 1, #7 Exhibit ZZ Part 2, #8 Exhibit AAA-FFF, #9 Exhibit GGG-NNN, #10 Exhibit OOO-PPP, #11 Exhibit QQQ-ZZZ, #12 Exhibit AAAA-CCCC)(Hyman, Steven)
September 27, 2011	Filing 167 DECLARATION of Marshall R. Mazyck in Opposition re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E)(Hyman, Steven)
September 16, 2011	Filing 166 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Eric Moore, Declaration of Stephen A. Fuchs in Support with accompanying exhibits, Declaration of Jamie Atkinson in Support with accompanying exhibit, Declaration of John D'Agostino in Support with accompanying exhibit, Defendants' Local Rule 56.1 Statement in Support and Defendants' Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq. and Rachel D. Nicotra, Esq. on September 16, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
September 16, 2011	Filing 165 DECLARATION of Stephen A. Fuchs in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 (part 1) to Declaration of Stephen A. Fuchs, #25 Exhibit 24 (part 2) to Declaration of Stephen A. Fuchs, #26 Exhibit 24 (part 3) to Declaration of Stephen A. Fuchs, #27 Exhibit 24 (part 4) to Declaration of Stephen A. Fuchs, #28 Exhibit 24 (part 5) to Declaration of Stephen A. Fuchs, #29 Exhibit 25 to Declaration of Stephen A. Fuchs, #30 Exhibit 26 to Declaration of Stephen A. Fuchs, #31 Exhibit 27 to Declaration of Stephen A. Fuchs, #32 Exhibit 28 to Declaration of Stephen A. Fuchs, #33 Exhibit 29 to Declaration of Stephen A. Fuchs, #34 Exhibit 30 to Declaration of Stephen A. Fuchs, #35 Exhibit 31 to Declaration of Stephen A. Fuchs, #36 Exhibit 32 to Declaration of Stephen A. Fuchs, #37 Exhibit 33 to Declaration of Stephen A. Fuchs, #38 Exhibit 34 to Declaration of Stephen A. Fuchs, #39 Exhibit 35 to Declaration of Stephen A. Fuchs, #40 Exhibit 36 to Declaration of Stephen A. Fuchs, #41 Exhibit 37 to Declaration of Stephen A. Fuchs, #42 Exhibit 38 to Declaration of Stephen A. Fuchs, #43 Exhibit 39 to Declaration of Stephen A. Fuchs, #44 Exhibit 40 to Declaration of Stephen A. Fuchs, #45 Exhibit 41 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)
September 16, 2011	Filing 164 DECLARATION of John D'Agostino in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of John D'Agostino)(Fuchs, Stephen)
September 16, 2011	Filing 163 DECLARATION of Jamie Atkinson in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of Jamie Atkinson in Support of Motion)(Fuchs, Stephen)
September 16, 2011	Filing 162 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
September 16, 2011	Filing 161 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).
September 16, 2011	Filing 160 MOTION for Summary Judgment against Eric Moore. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
September 16, 2011	Filing 159 SEALED DOCUMENT placed in vault.(mps)
September 14, 2011	Filing 158 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 9/7/2011 re: Counsel for the Plaintiffs writes to request leave to amend their response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment against Marshall Mazyck in order to withdraw Exhibit VV and remove references to it which appear in paragraph VVV of Plaintiffs' counterstatement. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 9/14/2011) (ab)
September 6, 2011	Filing 157 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 9/6/11 re: The proposed adjusted schedule involves a requested one week shift in certain dates in the schedule, with no requested extension of the final filing date of the entire motion schedule (June 22, 2012), as specified in this letter. ENDORSEMENT: Granted. So ordered. (Motions due by 3/23/2012. Responses due by 5/18/2012). (Signed by Judge Deborah A. Batts on 9/6/11) (rjm)
August 12, 2011	***STRICKEN DOCUMENT. Deleted document number 153 from the case record. The document was stricken from this case pursuant to #158 Endorsed Letter. (kco)
August 12, 2011	***STRICKEN DOCUMENT. Deleted document number 154 from the case record. The document was stricken from this case pursuant to #158 Endorsed Letter. (kco)
August 12, 2011	Filing 156 SEALED DOCUMENT placed in vault.(mps)
August 12, 2011	Filing 155 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Marshall Mazyck served on Stephen A. Fuchs on August 12, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)
August 5, 2011	Filing 152 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in support of Motion for Summary Judgment and all accompanying exhibits, Declaration of Agostino Paratore in support, Declaration of Frederick Doscher In Support, Declaration of John Fitzpatrick in support, Declaration of Stephen Conner in Support, Declaration of Terrence Culhane in support, reply memorandum of law in support, reply to plaintiff's response to Defendants Statement pursuant to Local Rule 56.1, and Reply to Plaintiffs Counterstatement of Facts served on Norman Siegel, Esq, Steven J. Hyman, Esq, Deanna R. Waldron, Esq, and Rachel Nicotra, Esq, on 8/5/2011. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 151 DECLARATION of Terrence Culhane in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 150 DECLARATION of Stephen Conner in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 149 DECLARATION of John Fitzpatrick in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 148 DECLARATION of Frederick Doscher in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 147 DECLARATION of Agostino Paratore in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 146 DECLARATION of Stephen A. Fuchs in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to the Declaration of Stephen A. Fuchs, #2 Exhibit 2 to the Declaration of Stephen A. Fuchs, #3 Exhibit 3 to the Declaration of Stephen A. Fuchs, #4 Exhibit 4 to the Declaration of Stephen A. Fuchs, #5 Exhibit 5 to the Declaration of Stephen A. Fuchs, #6 Exhibit 6 to the Declaration of Stephen A. Fuchs, #7 Exhibit 7 to the Declaration of Stephen A. Fuchs, #8 Exhibit 8 to the Declaration of Stephen A. Fuchs, #9 Exhibit 9 to the Declaration of Stephen A. Fuchs, #10 Exhibit 10 to the Declaration of Stephen A. Fuchs, #11 Exhibit 11 to the Declaration of Stephen A. Fuchs, #12 Exhibit 12 to the Declaration of Stephen A. Fuchs, #13 Exhibit 13 to the Declaration of Stephen A. Fuchs, #14 Exhibit 14 to the Declaration of Stephen A. Fuchs, #15 Exhibit 15 to the Declaration of Stephen A. Fuchs, #16 Exhibit 16 to the Declaration of Stephen A. Fuchs, #17 Exhibit 17 to the Declaration of Stephen A. Fuchs, #18 Exhibit 18 to the Declaration of Stephen A. Fuchs, #19 Exhibit 19 to the Declaration of Stephen A. Fuchs, #20 Exhibit 20 to the Declaration of Stephen A. Fuchs, #21 Exhibit 21 to the Declaration of Stephen A. Fuchs, #22 Exhibit 22 to the Declaration of Stephen A. Fuchs, #23 Exhibit 23 to the Declaration of Stephen A. Fuchs, #24 Exhibit 24 to the Declaration of Stephen A. Fuchs, #25 Exhibit 25 to the Declaration of Stephen A. Fuchs, #26 Exhibit 26 to the Declaration of Stephen A. Fuchs, #27 Exhibit 27 to the Declaration of Stephen A. Fuchs, #28 Exhibit 28 to the Declaration of Stephen A. Fuchs, #29 Exhibit 29 to the Declaration of Stephen A. Fuchs, #30 Exhibit 30 to the Declaration of Stephen A. Fuchs, #31 Exhibit 31 to the Declaration of Stephen A. Fuchs, #32 Exhibit 32 to the Declaration of Stephen A. Fuchs, #33 Exhibit 33 to the Declaration of Stephen A. Fuchs, #34 Exhibit 34 to the Declaration of Stephen A. Fuchs, #35 Exhibit 35 to the Declaration of Stephen A. Fuchs, #36 Exhibit 36 to the Declaration of Stephen A. Fuchs, #37 Exhibit 37 to the Declaration of Stephen A. Fuchs, #38 Exhibit 38 to the Declaration of Stephen A. Fuchs, #39 Exhibit 39 to the Declaration of Stephen A. Fuchs, #40 Exhibit 40 to the Declaration of Stephen A. Fuchs, #41 Exhibit 41 to the Declaration of Stephen A. Fuchs)(Fuchs, Stephen)
August 5, 2011	Filing 145 REPLY to Response to Motion re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Reply to Plaintiff Blake J. Willett's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 144 REPLY to Response to Motion re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Reply to Plaintiff Blake J. Willett's Responses to Defendant's Statement pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 143 REPLY MEMORANDUM OF LAW in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
August 5, 2011	Filing 142 SEALED DOCUMENT placed in vault.(nm)
July 15, 2011	Filing 141 SEALED DOCUMENT placed in vault.(nm)
July 15, 2011	Filing 140 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Michael Benjamin, Declaration of Stephen A. Fuchs in Support with Accompanying exhibits, Defendants' Local Rule 56.1 Statement, and Defendants' Memorandum of Law in Support of Summary Judgment against Michael Benjamin served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq. and Rachel D. Nicotra, Esq. on July 15, 2011. Service was made by ECF and MAIL. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 15, 2011	Filing 139 DECLARATION of Stephen A. Fuchs in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs, #30 Exhibit 30 to Declaration of Stephen A. Fuchs, #31 Exhibit 31 to Declaration of Stephen A. Fuchs, #32 Exhibit 32 to Declaration of Stephen A. Fuchs, #33 Exhibit 33 to Declaration of Stephen A. Fuchs, #34 Exhibit 34 to Declaration of Stephen A. Fuchs, #35 Exhibit 35 to Declaration of Stephen A. Fuchs, #36 Exhibit 36 to Declaration of Stephen A. Fuchs, #37 Exhibit 37 to Declaration of Stephen A. Fuchs, #38 Exhibit 38 to Declaration of Stephen A. Fuchs, #39 Exhibit 39 to Declaration of Stephen A. Fuchs, #40 Exhibit 40 to Declaration of Stephen A. Fuchs, #41 Exhibit 41 to Declaration of Stephen A. Fuchs, #42 Exhibit 42 to Declaration of Stephen A. Fuchs, #43 Exhibit 43 to Declaration of Stephen A. Fuchs, #44 Exhibit 44 to Declaration of Stephen A. Fuchs, #45 Exhibit 45 to Declaration of Stephen A. Fuchs, #46 Exhibit 46 to Declaration of Stephen A. Fuchs, #47 Exhibit 47 to Declaration of Stephen A. Fuchs, #48 Exhibit 48 to Declaration of Stephen A. Fuchs, #49 Exhibit 49 to Declaration of Stephen A. Fuchs, #50 Exhibit 50 to Declaration of Stephen A. Fuchs, #51 Exhibit 51 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)
July 15, 2011	Filing 138 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 15, 2011	Filing 137 MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
July 15, 2011	Filing 136 MOTION for Summary Judgment Against Michael Benjamin. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
June 28, 2011	Filing 135 SEALED DOCUMENT placed in vault.(nm)
June 24, 2011	Filing 134 CERTIFICATE OF SERVICE of Reply Declaration Stephen A. Fuchs with exhibits attached thereto, Reply Declaration of Karen Taylor with exhibits attached thereto, Declaration of Daniel Ojeda, Declaration of Thomas Farney, Defendants' Reply to Plaintiff Responses to Defendants' Statement in Pursuant to Rule 56.1, Defendants' Reply to Plaintiffs' Counterstatement of Facts and Defendants' Reply Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq. on June 24, 2011. Service was made by Mail, Email and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 24, 2011	Filing 133 REPLY to Response to Motion re: #74 MOTION for Summary Judgment Against Lillian Alvarado. Defendant's Reply to Plaintiff Lillian Alvarado's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 24, 2011	Filing 132 REPLY to Response to Motion re: #74 MOTION for Summary Judgment Against Lillian Alvarado. Defendants' Reply to Plaintiff Lillian Alvarado's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 24, 2011	Filing 131 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 24, 2011	Filing 130 DECLARATION of Karen Taylor in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fuchs, Stephen)
June 24, 2011	Filing 129 DECLARATION of Thomas Farney in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
June 24, 2011	Filing 128 DECLARATION of Daniel Ojeda in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
June 24, 2011	Filing 127 DECLARATION of Stephen A. Fuchs in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Fuchs, Stephen)
June 24, 2011	Filing 126 SEALED DOCUMENT placed in vault.(nm)
June 24, 2011	Filing 125 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Blake Willett served on Stephen A. Fuchs on June 24, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)
June 23, 2011	Filing 124 DECLARATION of Blake Willett in Opposition re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nicotra, Rachel)
June 23, 2011	Filing 123 DECLARATION of Rachel D. Nicotra in Opposition re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-F, #2 Exhibit G, #3 Exhibit H-Z, #4 Exhibit AA-ZZ, #5 Exhibit AAA-TTT)(Nicotra, Rachel)
June 16, 2011	Filing 122 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 6/15/11 re: counsel for defendants writes due to and scheduling difficulties and conflicts with other matters in this Court, Defendants request, with the consent of Plaintiffs, the following proposed minor modification of the existing staggered briefing schedule for the ten summary judgment motions in this matter as follows: Defendants' Moving Papers Due: March 2, 2012, Plaintiffs' Opposition Papers Due: May 11, 2012. Defendants' Reply Briefs Due: June 22, 2012. Additional relief as set forth in this Order.. ENDORSEMENT: Granted.., ( Motions due by 3/2/2012., Responses due by 5/11/2012, Replies due by 6/22/2012.) (Signed by Judge Deborah A. Batts on 6/16/11) (pl)
May 27, 2011	Filing 121 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Marshall Mazyck with exhibits 1-42, Declaration of Karen Taylor in Support with exhibits A-E, Declaration of John D'Agostino, 56.1 Statement and Defendant's Memorandum of Law served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., and Rachel D. Nicotra, Esq. on May 27, 2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
May 27, 2011	Filing 120 DECLARATION of Stephen A. Fuchs in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5A, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42)(Fuchs, Stephen)
May 27, 2011	Filing 119 DECLARATION of John D'Agostino in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
May 27, 2011	Filing 118 DECLARATION of Karen Taylor in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen)
May 27, 2011	Filing 117 MEMORANDUM OF LAW in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
May 27, 2011	Filing 116 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
May 27, 2011	Filing 115 MOTION for Summary Judgment against Marshall Mazyck. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
May 27, 2011	Filing 114 SEALED DOCUMENT placed in vault.(nm)
May 12, 2011	Filing 113 ORDER The Court is in receipt of Plaintiffs' request of this Court to vacate Magistrate Judge Henry B. Pitman's Order dated April 15, 2011. Judge Pitman denied Plaintiff's request to serve a Second Supplemental Expert Report. At this stage of the proceedings, out of ten expected motions for summary judgment, one motion for summary judgment is already fully submitted, and more are in progress. Plaintiffs have proffered no plausible explanation for requesting yet another bite at the damages apple. Defendants challenge the relevance of the Second Supplemental Expert Report, See Defs.' April 8, 2011 Letter, FN No.1., and also the impact such a Second Supplemental Expert Report will have on the case. The Court affirms Judge Pitman's Order dated April 15, 2011. SO ORDERED. (Signed by Judge Deborah A. Batts on 5/12/11) (jmi)
May 11, 2011	Filing 112 DECLARATION of Frederick Doscher in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
May 4, 2011	Filing 111 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 4/3/11 re: Request that the current briefing schedule for the remaining defendants' summary judgment motions be amended by adding two weeks for the submission of plaintiff's opposition papers and defendants' reply briefs, as set forth in this letter. ENDORSEMENT: The revised schedule is GRANTED. (Signed by Judge Deborah A. Batts on 5/4/11) (cd)
April 29, 2011	Filing 109 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Lillian Alvarado served on Stephen A. Fuchs on April 29, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)
April 29, 2011	Filing 108 AFFIDAVIT OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment, Declaration of James Flanagan in Support of Motion for Summary Judgment, Declaration of Adam Jutze in Support of Defendants' Motion for Summary Judgment, Declaration of Henry Micyk in Support of Defendant's Motion for Summary Judgment, Declaration of Frederick Doscher in Support of Defendants' Motion for Summary Judgment, Declaration of Keyla Hammam in Support of Defendants' Motion for Summary Judgment, Defendants' Reply to Plaintiff's Responses to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment, Defendants' Reply to Plaintiff's Counterstatement of Facts and Defendants' Reply Memorandum of Law in Support of Summary Judgment served on Norman Siegel, Esq. 260 Madison Avenue, New York, NY 10016; Steven J. Hyman, Esq. Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., McLauglin & Stern, LLP 260 Madison Avenue New York, NY 10016 on 4/29/11. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 107 REPLY to Response to Motion re: #65 MOTION for Summary Judgment. Defendants Reply to Plaintiff's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 106 REPLY to Response to Motion re: #65 MOTION for Summary Judgment. Defendant's Reply to Plaintiff's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 105 REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #112) - DECLARATION of Frederick Doscher in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 5/24/2011 (lb).
April 29, 2011	Filing 103 DECLARATION of Henry Micyk in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 102 DECLARATION of Adam Jutze in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 101 DECLARATION of James Flanagan in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 100 DECLARATION of Keyla Hammam in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
April 29, 2011	Filing 99 REPLY AFFIRMATION of Stephen A. Fuchs in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Fuchs, Stephen)
April 29, 2011	Filing 98 DECLARATION of Lillian Alvarado in Opposition re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nicotra, Rachel)
April 29, 2011	Filing 97 DECLARATION of Rachel D. Nicotra in Opposition re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC)(Nicotra, Rachel)
April 29, 2011	Filing 96 SEALED DOCUMENT placed in vault.(mps)
April 28, 2011	Filing 110 SEALED DOCUMENT placed in vault.(mps)
April 15, 2011	Filing 95 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 4/8/2011 re: Requesting permission to serve Dr. Killingsworth's supplemental report. ENDORSEMENT: Plaintiff's application to serve a corrected expert report (which plaintiff's characterize as a "supplemental" report) is denied. Because plaintiff has failed to show good cause to serve either a corrected or supplemental expert report and because the relief they seek will necessarily multiply the proceedings, their application is denied. (Signed by Magistrate Judge Henry B. Pitman on 4/15/2011) Copies Sent By Chambers. (jpo) Modified on 4/21/2011 (jpo).
April 12, 2011	Filing 94 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs, dated 4/12/2011, re: This firm represents Defendants in this matter. Defendants' reply in support of its first motion for summary judgment and Plaintiffs' opposition to Defendants' second motion for summary judgment are currently due this Friday, April 15, 2011. Due to volume of work and scheduling difficulties, Defendants request, with the consent of Plaintiffs, the following proposed modification of the existing staggered briefing schedule for the ten summary judgment motions in this matter. ENDORSEMENT: Granted. Dkt No. 93 to be stricken and replaced with this schedule. (Signed by Judge Deborah A. Batts on 4/12/2011) (lnl)
April 11, 2011	Set Deadlines as to #74 MOTION for Summary Judgment: Plaintiffs' Opposition Papers due by 4/29/2011. Defendants' Reply Briefs due by 5/27/2011. (lnl)
April 11, 2011	Set Deadline as to #65 MOTION for Summary Judgment: Defendants' Reply Briefs due by 4/29/2011. (lnl)
April 11, 2011	Set Deadlines as to #86 MOTION for Summary Judgment: Plaintiffs' Opposition Papers due by 6/3/2011. Defendants' Reply Briefs due by 7/1/2011. (lnl)
March 25, 2011	Filing 92 SEALED DOCUMENT placed in vault.(nm)
March 25, 2011	Filing 91 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Blake Willett, Declaration of Stephen A. Fuchs in Support with Exhibits 1-46, Declaration of John D'Agostino with Exhibit A, Defendant's Local Rule 56.1 statement and Defendants' Memorandum of Law in Support served on Norman Siegel, Steven J. Hyman. Deanna R. Waldron and Rachel D. Nicotra on 3/25/2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 25, 2011	Filing 90 DECLARATION of John D'Agostino in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
March 25, 2011	Filing 89 DECLARATION of Stephen A. Fuchs in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46)(Fuchs, Stephen)
March 25, 2011	Filing 88 MEMORANDUM OF LAW in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 25, 2011	Filing 87 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
March 25, 2011	Filing 86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
March 19, 2011	Filing 84 CERTIFICATE OF SERVICE of Declaration of Rachel Nicotra, Declaration of Kenneth Davis in Opposition to Defendants Summary Judgment Motion Against Davis, Declaration of Blake Willett in Opposition to Defendants Summary Judgment Motion Against Davis, Plaintiffs Response to Defendants Rule 56.1 Statement and Counter-Statement of Material Facts in Dispute, Plaintiffs Memorandum of Law in Opposition to Defendants Summary Judgment Motion Against Davis served on Stephen Fuchs on March 18, 2011. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)
March 18, 2011	Filing 85 SEALED DOCUMENT placed in vault.(nm)
March 18, 2011	Filing 83 DECLARATION of Blake Willett in Opposition re: #65 MOTION for Summary Judgment.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A)(Nicotra, Rachel)
March 18, 2011	Filing 82 DECLARATION of Kenneth Davis in Opposition re: #65 MOTION for Summary Judgment.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Nicotra, Rachel)
February 18, 2011	Filing 81 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs, with exhibits 1-35, Declaration of Kathleen Finneran, with Exhibit A, Declaration of Karen Taylor, 56.1 Statement, and Memorandum of Law in Support. served on Norman Siegel,, Steven J. Hyman, Deanna Waldron and Rachel Nicotra on February 18, 2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 18, 2011	Filing 80 SEALED DOCUMENT placed in vault.(nm)
February 18, 2011	Filing 79 DECLARATION of Kathleen Finneran in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)
February 18, 2011	Filing 78 DECLARATION of Karen Taylor in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 18, 2011	Filing 77 DECLARATION of Stephen A. Fuchs in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Fuchs, Stephen)
February 18, 2011	Filing 76 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 18, 2011	Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
February 18, 2011	Filing 74 MOTION for Summary Judgment Against Lillian Alvarado. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
January 24, 2011	Filing 73 SEALED DOCUMENT placed in vault.(nm)
January 21, 2011	Filing 72 CERTIFICATE OF SERVICE of Notice of Motion, 56.1 Statement, Memorandum of Law in Support, Declaration of Stephen A. Fuchs with exhibits 1-28, and Declarations of Kim Rehbein, Ernest Pucillo (with exhs. A & B) and Kathleen Finneran (with exhs. A & B) served on Norman Siegel, Steven J. Hyman, Rachel D. Nicotra, and Deanna R. Waldron on January 21, 2011. Service was made by MAIL and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 21, 2011	Filing 71 DECLARATION of Kathleen Finneran in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)
January 21, 2011	Filing 70 DECLARATION of Ernest Pucillo in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)
January 21, 2011	Filing 69 DECLARATION of Kim Rehbein in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 21, 2011	Filing 68 DECLARATION of Stephen A. Fuchs in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Fuchs, Stephen)
January 21, 2011	Filing 67 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 21, 2011	Filing 66 MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)
January 21, 2011	Filing 65 MOTION for Summary Judgment. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)
December 9, 2010	Filing 64 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 12/9/2010 re: Requesting the modification of the motion schedule for the ten motions listed in this letter. ENDORSEMENT: Granted. The motions schedule above is adopted. (Signed by Judge Deborah A. Batts on 12/9/2010) (jpo)
December 6, 2010	Filing 63 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs, dated 12/6/2010, re: This firm represents Defendants in this matter. Defendants' first motion for summary judgment is due to be filed this Friday, December 10, 2010. Defendants write, pursuant to the Clerk of Court's requirements for filing confidential documents under seal, to request the Court's permission to file certain documents designated as confidential during discovery in this matter pursuant to Stipulated Orders for the Production and Exchange of Confidential Information entered by Judge Lynch on November 27, 2007 and December 7, 2007, in connection with Defendants' first summary judgment motion. Defendants anticipate that these documents will consist of earnings records for the Metropolitan Transportation Authority Police Department ("MTA PD") for certain years at issue in the easel as well as personnel records for certain MTA PD members whose history has been challenged by the Plaintiffs. Defendants may add additional documents designated in discovery as confidential by the time of filing. Because the earning records mentioned would be filed in Excel spreadsheets saved on CDs-ROM, the same form in which they were produced to the Plaintiffs, the documents Defendants propose to file under seal are not voluminous. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/06/2010) (lnl)
November 1, 2010	Filing 62 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 10/21/2010 re: The parties in this action jointly submit for the Court's consideration the following proposed staggered briefing schedule for ten summary judgment motion in this matter, as set forth in this letter. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 11/1/2010) (jpo)
October 1, 2010	Filing 61 ENDORSED LETTER addressed to Judge Deborah A. Batts from Norman Siegel dated 9/29/2010 re: Requesting that the date for submission of the demand be extended until October 15, 2010 and that the date for the submission of the motion schedule be extended until October 22, 2010. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 10/1/2010) (jpo)
September 24, 2010	Filing 60 SCHEDULING ORDER. Estimated trial time is 4 weeks. Jury Trial. ENDORSEMENT: 10 SJ motion schedule to be submitted by the parties to the Court for approval by 10/8/10. Parties to have good faith settlement-discussions: Plaintiffs to make a demand by 10/1/10. (Signed by Judge Deborah A. Batts on 9/23/10) (rjm)
July 12, 2010	Filing 59 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 7/7/2010 re: Requesting an extension of the deadline for the completion of expert depositions until August 4, 2010. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 7/12/2010) (jpo)
June 2, 2010	Filing 58 ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Steven J. Hyman dated 5/12/2010 re: Counsel for plaintiffs request that the deadline for the completion of expert depositions in the above listed matter be extended from June 4th to July 9th 2010. ENDORSEMENT: Application Granted. So Ordered., (Signed by Magistrate Judge Henry B. Pitman on 6/1/2010) (js)
June 2, 2010	Filing 57 ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Steven J. Hyman dated 5/12/2010 re: Counsel for plaintiffs request that the deadline for the completion of expert depositions in the above listed matter be extended from June 4th to July 9th 2010. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 6/1/2010) (js)
May 20, 2010	Filing 56 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven J. Hyman dated 5/12/10 re: counsel requests, with the consent of the defendants, that the status conference be adjourned until after the completion of the expert depositions and at a date and time convenient for the Court. ENDORSEMENT: Granted. Conference rescheduled to July 30, 2010 at 11 am in Courtroom 24B. The Court takes no position on the request before Judge Pitman, as it does not want to interfere with what is before him. (Status Conference set for 7/30/2010 at 11:00 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 5/20/10) (djc) Modified on 5/27/2010 (djc).
April 23, 2010	Filing 55 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 4/12/2010 re: Defendants request an extension of the remaining discovery schedule as follows: -the date by which Defendant must submit letters to Judge Batts requesting a conference prior to moving for summary judgment, currently set for April 16, 2010, shall be extended to April 30, 2010. Defendants' time to produce all materials required by F.R.C.P. 26(a) (2), currently due April 16, 2010, shall be extended to April 30, 2010. Expert depositions, currently required to be competed by May 14, 2010, shall be completed by June 4, 2010. Pursuant to District Judge Batts' March 24, 2010 Order, if this request is granted, the parties will be contacting Judge Batts' chambers to adjourn the May 14, 2010 conference before Judge Batts to a date alter the completion of expert discovery. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Deposition due by 6/4/2010) (Signed by Magistrate Judge Henry B. Pitman on 4/23/2010) (jmi) Modified on 5/3/2010 (jmi).
March 26, 2010	Filing 54 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 3/26/10 re: counsel for defendants request an extension of the remaining expert discovery schedule as follows: defendants' time to produce all materials required by F. R. C.P. 26(a)(2) currently due 4/1/10 shall be extended to 4/16/10; expert depositions shall be completed by 5/14/10. ENDORSEMENT: The schedule set forth herein is approved. (Signed by Magistrate Judge Henry B. Pitman on 3/26/10) (dle)
March 24, 2010	Filing 53 ORDER: Accordingly, the Court has scheduled a conference for May 14, 2010 at 11:00 a.m., which will occur at the end of all discovery. In preparation for the conference, the parties are to confer and be prepared to report on the status of this matter, including if any settlement discussions have been made. In the event any further discovery issue or dispute arises, please contact Magistrate Judge Pitman. In the event Judge Pitman chooses to extend any deadlines, please contact this court for an adjournment date on the scheduled conference. So Ordered (Signed by Judge Deborah A. Batts on 3/24/2010) (js)
March 24, 2010	Set Deadlines/Hearings: Status Conference set for 5/14/2010 at 11:00 AM before Judge Deborah A. Batts. (js)
March 23, 2010	Filing 52 NOTICE OF CASE REASSIGNMENT to Judge Deborah A. Batts. Judge Richard J. Holwell is no longer assigned to the case due to Judge's recusal. (ldi)
March 19, 2010	Filing 51 ENDORSED LETTER addressed to Judge Richard J. Holwell from Norman Siegel dated 3/11/2010 re: Counsel for Plaintiffs request a conference with the Court concerning the fact that Your Honor, while in private practice, represented the MTA and the Long Island Rail Road in Molloy v. Metropolitan Transportation Authority. ENDORSEMENT: A conference will not be necessary. During the late 1970's and into the early 1980's I and my former firm, White & Case, were co-counsel with the NACCAP Legal Defense Fund representing a class of black employees suing the LIRR for discrimination based on race. Given the fact that plaintiffs herein allege discrimination going as far back as 1980, I conclude that I should recuse myself. (Signed by Judge Richard J. Holwell on 3/18/2010) (tro)
March 19, 2010	Transmission to Case Assignment Clerk. Transmitted re: #51 Endorsed Letter, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (tro)
February 16, 2010	Filing 50 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 2/11/2010 re: Requesting a 10 day extension of the expert discovery schedule as follows: Defendants' time to produce all materials required by F.R.C.P. 26(a)(2) currently due by March 22, 2010, shall be extended to April 1, 2010. Expert depositions, currently required to be completed by April 22, 2010, shall be completed by May 3, 2010. Defendants time by which they must submit a letter to Judge Holwell setting forth the basis for any anticipated summary judgment motions, currently due on April 1, 2010 is extended to April 16, 2010. ENDORSEMENT: The schedule proposed herein is approved. (Signed by Magistrate Judge Henry B. Pitman on 2/16/2010) (jpo)
January 22, 2010	Filing 49 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 1/13/2010 re: Counsel request a one-week extension for the submission of plaintiffs' expert report. The new dates for the submission are as follows: Plaintiffs will submit their expert report by January 22, 2010 and defendants will submit their materials by March 22, 2010. The parties will complete the depositions of experts by April 22, 2010. ENDORSEMENT: The scheduled proposed herein is approved. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 1/22/2010) (jfe)
December 29, 2009	Filing 48 SCHEDULING ORDER: Plaintiffs shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than January 15, 2010. Defendants shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than March 15, 2010. Expert depositions shall take place no later than April 15, 2010. Defendants shall submit a letter to Judge Holwell setting forth the basis for any anticipated summary judgment motion or motions no later than April 1, 2010. (Signed by Magistrate Judge Henry B. Pitman on 12/23/2009) (jpo)
December 16, 2009	Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 12/16/2009. Revised scheduling order to be submitted by plaintiff. (mro)
December 3, 2009	Filing 47 ORDER that: Defendants' application for a protective order precluding the depositions of Gary Schulz and Kim Rehbein is denied. These depositions shall, however, be presumptively limited to four hours each. Defendants' application for a protective order precluding the depositions of Benjamin Rosario and Dirk Jordan is granted. Given the number of depositions already taken in this case, more than relevance must be shown in order to justify additional depositions.Because the relevance of Jordan and Rosario's testimony is attenuated at best, these depositions are not warranted. To the extent plaintiffs require additional information regarding the nature of Rosario's overtime pay, they may serve five interrogatories seeking clarification of any ambiguity in Rosario's payroll records; the limitations of Local Civil Rule 33.3 are waived with respect to these interrogatories. Given the number of depositions already taken and the late stage in the discovery period, no further deposition notices shall be served unless an extremely critical witness is newly discovered. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 12/3/2009) Copies Transmitted By Chambers.(jmi)
December 2, 2009	Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 12/2/2009. Order to be filed. (tro)
November 19, 2009	Filing 46 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Rachel Nicotra and Norman Siegal dated 11/18/2009 re: We request, on behalf of both parties, that the date to submit letters to the Court regarding difficulties with deposition scheduling be extended until Tuesday November 24th. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Status Report due by 11/24/2009.) (Signed by Magistrate Judge Henry B. Pitman on 11/19/2009) (jmi)
November 5, 2009	Filing 45 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Benson, Craig)
November 5, 2009	Filing 44 NOTICE OF APPEARANCE by Elias Jay Kahn on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Kahn, Elias)
November 5, 2009	Filing 43 ORDER: it is hereby ORDERED that: 1. Plaintiffs shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than December 18, 2009. 2. Defendants shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than February 15, 2010. 3. Expert depositions shall take place no later than March 15, 2010.4. Defendants shall submit their letter to Judge Holwell setting forth the basis for any anticipated summary judgment motion or motions no later than March1, 2010. 5. If the parties require my intervention in scheduling depositions, they are directed to fax a letter to my chambers no later than November 17, 2009setting forth any scheduling problem. So Ordered (Signed by Magistrate Judge Henry B. Pitman on 11/4/09) (js) Modified on 11/5/2009 (js).
October 1, 2009	Filing 42 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Holwell. Judge Gerard E. Lynch is no longer assigned to the case. (ldi)
September 24, 2009	Filing 41 CORRECTED ORDER: By notice of motion dated August 27, 2009 (Docket Item 36), defendants move to compel the testimony of non-party witness Mark Landro. The Court's files indicate that copies of the motion and all supporting papers have been served on Mr. Landro. Since no opposition to the motion has been filed, the motion is granted on default. Mr. Landro is directed to appear for his deposition at the office of Littler Mendelson, P.C., 290 Broad Hollow Road, Melville, New York at 10:00 a.m. on October 14, 2009. Counsel has represented that no members of employees of the MTA will be present other than counsel and, perhaps, the MTA's in-house counsel. This Order supersedes my Order in this matter dated September 18, 2009. (Signed by Magistrate Judge Henry B. Pitman on 9/23/09) Copies Transmitted By Chambers. (tro)
September 21, 2009	Filing 40 ORDER granting #36 Motion to Compel The testimony of non-party witness Mark Landro. Mr.Landro is directed to appear for his deposition at the office of Littler Mendelson PC 290 Broad Hollow Road, Melville, NY at 10:00 am on 10/4/09. (Signed by Magistrate Judge Henry B. Pitman on 9/18/09) Copies sent by chambers(cd)
August 28, 2009	Filing 39 CERTIFICATE OF SERVICE of Notice of Motion, Defendants' Memorandum of Law in Support of Motion to Compel, Declaration of Stephen A. Fuchs in Support with attached exhibits A-L served on Mark Landro on August 27, 2009. Service was made by Mail. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)
August 27, 2009	Filing 38 DECLARATION of Stephen A. Fuchs in Support re: #36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence.. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Fuchs, Stephen)
August 27, 2009	Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence.. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)
August 27, 2009	Filing 36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane.(Fuchs, Stephen)
July 16, 2009	Filing 35 ENDORSEMENT, although plaintiffs and defendants consent to an Order enforcing the subpoena, they overlook the fact that an interested party, namely Mr. Landro, does not consent and he clearly has a right to be heard. Accordingly, any party wishing to compel Mr. Landro's deposition should make a formal motion to compel the deposition, on notice to Mr. Landro. (Signed by Magistrate Judge Henry B. Pitman on 7/16/09) Copies sent by chambers(cd)
July 7, 2009	Filing 34 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Rachel Nicotra and Norman Siegel dated 7/2/09 re: request a two-month extension for the completion of fact discovery. ENDORSEMENT: So ordered. Fact Discovery due by 10/12/2009. (Signed by Magistrate Judge Henry B. Pitman on 7/7/09) (sac)
May 28, 2009	Filing 33 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated May 26, 2009, re: Defendants request an extension of time from June 2, 2009 to and including June 26, 2009 to produce documents responsive to these requests in compliance with the Court's Order. We have contacted Rachel Nicotra, Esq., counsel for Plaintiffs, and Plaintiffs do not object to this requested extension. This is the first extension requested by Defendants in this regard. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Henry B. Pitman on 5/27/2009) (rw)
May 26, 2009	Filing 32 ORDER; I find that the single substantiated charge that has been disclosed to me but not to counsel for the plaintiff is not comparable to any of the charges brought against the plaintiffs that have been substantiated. Accordingly, documents concerning this charge are irrelevant and need not be disclosed. (Signed by Magistrate Judge Henry B. Pitman on 5/22/09) Copies transmitted by Chambers.(pl)
May 15, 2009	Filing 31 ORDER: Plaintiffs' application to compel production of documents in response to Items of 108, 111, 112 and 115 through 119 of their Second Request for the Production of Documents is granted in part. No later than June 2, 2009, defendants are directed to produce documents responsive to these items for the period from May 17, 2000 through May 17, 2003. Plaintiffs' application to compel production of documents in response to Item 134 of their Third Request for the Production of Documents is denied without prejudice to a renewed application. Plaintiffs' application to compel documents concerning the promotions received by their supervisors is denied. No later than May 19, 2009, defendants shall submit to my chambers for in camera review a list of all disciplinary charges filed against the defendants which have been substantiated and the year in which the charges were found to be substantiated. Defendants' application to compel a psychological examination of Nzingha M. Kellman is denied. I have reviewed the deposition excerpts submitted by defendants and conclude that she is seeking damages for "garden variety" mental anguish. Although she did describe her distress as II severe II in her testimony, she did so only in response to a leading question from defense counsel that utilized the term. She does not seem to be asserting any of the symptoms that ordinarily accompany severe depression, such as an inability to work, inability to sleep, loss of interest in family and an impaired ability to perform the activities of daily living. In the absence of a supplemental disclosure from Kellman, Kellman is precluded from offering any expert or medical testimony concerning her claim for mental anguish. She is also precluded from offering any testimony at trial concerning her mental anguish that is substantially different from her deposition testimony. All fact discovery shall be completed no later than August 12, 2009. (Signed by Magistrate Judge Henry B. Pitman on 5/15/09) (tro)
February 13, 2009	Filing 30 MEMO ENDORSEMENT on JOINT AFFIDAVIT REQUESTING EXTENSION OF DISCOVERY: It is respectfully requested that the parties request for a discovery extension be granted, and that the date for the end of fact discovery be extended from February 12, 2009, to May 13, 2009. ENDORSEMENT: Discovery is extended to 5-13-09 (Signed by Magistrate Judge Henry B. Pitman on 2/13/09) (mme)
November 24, 2008	Filing 29 NOTICE OF CHANGE OF ADDRESS by Stephen Andrew Fuchs on behalf of all defendants. New Address: Littler Mendelson, P.C., 900 3rd Avenue, New York, New York, US 10022, 212-583-9600. (Fuchs, Stephen)
September 12, 2008	Filing 28 ORDER Defendants' application to compel Maczyk to submit an examination by a psychiatrist or psychologist is granted. No later than October 6, 2008, plaintiffs' counsel is to advise defendants' counsel whether Maczyk will offer expert testimony concerning plaintiff's claim that he suffered from distonia as a result of defendants' alleged actions. If Maczyk elects to offer such testimony, defendants will also be entitled to have Maczyk entitled by a neurologist. Defendants' application to compel Alvarado, Armstrong and Urquhart to submit a psychological examination is granted in part and denied in part. Defendants' application is granted to the extent that defendants seek to have each of these plaintiffs examined by a by a psychologist or psychiatrist limited to the time period in which each of these plaintiffs consulted with a psychiatrist or psychologist (Signed by Magistrate Judge Henry B. Pitman on 9/12/08) Copies Mailed By Chambers.(mme)
August 18, 2008	Filing 27 MEMORANDUM OF LAW in Opposition re: #21 Memorandum of Law in Opposition,. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Waldron, Deanna)
August 18, 2008	Filing 26 DECLARATION of Rachel Nicotra in Opposition re: #22 Declaration in Opposition,. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Waldron, Deanna)
August 15, 2008	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deanna Waldron to RE-FILE Document #24 COUNTER MOTION for Discovery. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. (jar)
August 15, 2008	***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deanna Waldron to RE-FILE Document #25 Declaration in Support of Motion. Use the event type Declaration in Opposition (non-motion) found under the event list Other Answers. (jar)
August 15, 2008	Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Rachel D. Nicotra in Support re: #24 COUNTER MOTION for Discovery (DECLARATION IN OPPOSITION). Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Waldron, Deanna) Modified on 8/18/2008 (jar).
August 15, 2008	Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COUNTER MOTION for Discovery (MEMORANDUM OF LAW IN OPPOSITION). Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck.(Waldron, Deanna) Modified on 8/18/2008 (jar).
August 15, 2008	Filing 23 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Disclosure of Personnel Files; Declaration of Stephen Fuchs in Opposition to Plaintiffs' Motion to Compel Disclosure of Personnel Files served on Norman Siegel, Esq., Steven Hyman, Esq., Deanna Waldron, Esq., Rachel Nicotra, Esq. on July 8, 2008. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)
August 15, 2008	Filing 22 DECLARATION of Stephen A. Fuchs in Opposition re: #21 Memorandum of Law in Opposition,. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Fuchs, Stephen)
August 15, 2008	Filing 21 MEMORANDUM OF LAW in Opposition re: #20 Endorsed Letter, Set Deadlines/Hearings,, #14 Order,,,,,,,, to Plaintiffs' Motion to Compel Disclosure of Personnel Files of Supervisors. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)
August 12, 2008	Filing 20 ENDORSED LETTER addressed to Henry B. Pitman from Rachel Nicontra dated 8/11/2008 re: Requesting a three day extension so that they may submit their memorandum on August 15, 2008. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Henry B. Pitman on 8/12/2008) (jpo)
August 7, 2008	Filing 19 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 8/1/2008 re: Counsel request a 6 month extension of the close of discovery in this matter from August 12, 2008 to February 12, 2009. ENDORSEMENT: Application Granted. No further extensions except for good cause shown by affidavit. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 8/7/2008) (jfe)
August 7, 2008	Filing 18 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 7/18/2008 re: Counsel respectfully request that the date for their opposition to defendant's application to withhold the personal files of supervisors be adjourned for 3 weeks until August 12, 2008. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 8/5/2008) (jfe)
June 30, 2008	Filing 17 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 6/25/08 re: Counsel for Defendants request a short additional extension of time to prepare an accurate submission on the issues listed herein. Defendants request, with the consent of counsel for Plaintiffs, a third brief extension of the deadlines set forth herein for submission by both parties, so that Defendants' application is due 7/8/08, and Plaintiffs' reply to Defendants' submission is due 7/22/08. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 6/27/08) (tro)
June 25, 2008	Filing 16 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen Fuchs dated 6/16/08 re: counsel for defendants request an extension of the deadlines to produce documents or make an application so that Defendants' application, if any is due 6/27/08 and Plaintiffs' opposition to Defendants' submission also be adjourned to 7/11/08. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on Stephen Fuchs) (dle)
June 11, 2008	Filing 15 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Stephen A. Fuchs dated 6/9/08 re: Counsel requests that the June 11, 2008 deadlines for submissions by both parties be adjourned by eight days, to June 19, 2008, and that the June 25, 2008 deadlines for plaintiffs' opposition to defendants' submission also be extended eight days to July 3, 2008. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Theodore H. Katz on 6/10/08) (mme)
May 15, 2008	Filing 14 ORDER: The deadline for the completion of fact discovery is extended 90 days until 8/12/2008. All other dates set in Judge Lynch's most recent scheduling Order are also extended by 90 days except for ant conferences that are scheduled to take place before Judge Lynch. With respect to plaintiffs' request for the personnel files of putative comparators, defendant's are directed to either: a) produce the disciplinary files, any other documents in the personnel files, the training files, applications for training, applications for transfers, applications for promotion, commendations and documents sufficient to show the education and employment history of each putative comparator no later than 6/4/08, or b) defendants are to make a factual showing by affidavit or otherwise no later than 5/27/2008, if defendants elect this option with respect to any putative comparator, plaintiff shall submit their response no later than 6/11/2008. Plaintiff's counsel is to provide defendants' counsel with a list of the infractions or violations with which each plaintiff was charged and for which the plaintiff believes disproportionate discipline was imposed no later than 5/27/2008. No later than 6/11/2008, defendants are directed to produce and documents in the personnel files of the decision makers/supervisors engaged in or were charged with the same infractions or violations and the disposition of any charges. Defendants may make an application by 6/11/2008 to withhold any documents. Plaintiff shall submit their opposition to ant such application by 6/25/2008. Plaintiffs' application to compel production of additional command rosters is denied. Defendants' application to withhold the documents concerning the involvement of certain of the putative comparators in an assault on a homeless individual in Penn Station is denied. The dispute concerning documents regarding allegations of the use of racial epithet by Sergeant Quinn is moot. (Signed by Magistrate Judge Henry B. Pitman on 5/15/2008) Copies Mailed By Chambers.(tve)
May 15, 2008	Set Deadlines/Hearings: Discovery due by 8/12/2008. (tve)
May 7, 2008	Filing 13 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Gerard E. Lynch on 5/6/2008) (jfe)
December 17, 2007	Filing 12 STIPULATED ORDER FOR THE PROTECTION AND EXCHANGE OF DOCUMENTS COVERED BY NEW YORK CIVIL RIGHTS LAW 50-a...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 12/14/07) (tro)
November 30, 2007	Filing 11 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 11/30/07) (cd)
November 21, 2007	Filing 10 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Stephen A. Fuchs dated 11/20/07 re: a request by the parties for permission to submit their joint progress report on Tuesday, 11/27/2007. ENDORSEMENT: SO ORDERED (Signed by Judge Gerard E. Lynch on 11/21/07) (kco)
September 7, 2007	Filing 9 NOTICE OF APPEARANCE by Keith Jay Rosenblatt on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Rosenblatt, Keith)
August 16, 2007	Filing 8 ANSWER to Amended Complaint. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. Related document: #7 Amended Complaint,, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman. (Attachments: #1 Declaration of Service)(Fuchs, Stephen)
August 2, 2007	Filing 7 AMENDED COMPLAINT amending #1 Complaint, against Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. Related document: #1 Complaint, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman.(jco)
August 1, 2007	Filing 6 AFFIDAVIT OF SERVICE of Amended Complaint served on METROPOLITAN TRANSPORTATION AUTHORITY, ELLIOT SANDER, EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICER OF THE MTA, WILLIAM MORANGE, DEPUTY EXECUTIVE DIRECTOR/DIRECTOR OF SECURITY OF THE MTA, KEVIN McCONVILLE, CHIEF OF THE MTA POLICE DEPARTMENT, and TERRANCE CULHANE, ASSISTANT DEPUTY CHIEF OF THE MTA POLICE DEPARTMENT on 8/1/07. Service was made by Mail. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Hyman, Steven)
July 13, 2007	Filing 5 ANSWER to Complaint. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Declaration of Service)(Fuchs, Stephen)
June 5, 2007	Filing 4 CASE MANAGEMENT PLAN: This case is to be tried by a jury. Joinder of Parties due by 8/13/2007. Amended Pleadings due by 8/30/2007. All Fact Discovery due by 5/13/2008. First request for production of documents due by 8/13/2007. Interrogatories pursuant to Local Rule 33.3(a) of the Local Civil Rules of SDNY due by 8/13/2007. Depsoitions due by 5/13/2008. Experts, are to be designated by 1/31/2008 and experts' reports exchange no later thatn 3/31/2008. Requests to Admits due by 4/11/2008. Dispositive Motions due by 7/1/2008. Responses due by 8/1/2008, Replies due by 8/15/2008. Case Management Conference set for 10/12/2007 12:00 PM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 6/5/2007) (jar)
May 25, 2007	Filing 3 STIPULATION AND ORDER that the time for defts to answer the complaint is adjourned from 5/29/07 through 7/13/07. (Signed by Judge Gerard E. Lynch on 5/25/07) (cd)
May 25, 2007	Set Answer Due Date purs. to #3 Stipulation and Order as to Metropolitan Transportation Authority answer due on 7/13/2007; Elliot Sander answer due on 7/13/2007; William Morange answer due on 7/13/2007; Kevin McConville answer due on 7/13/2007; Terrance Culhane answer due on 7/13/2007. (cd)
May 9, 2007	Filing 2 AFFIDAVIT OF SERVICE of Summons and Complaint,. Metropolitan Transportation Authority served on 5/7/2007, answer due 5/28/2007; Elliot Sander served on 5/7/2007, answer due 5/28/2007; William Morange served on 5/7/2007, answer due 5/28/2007; Kevin McConville served on 5/7/2007, answer due 5/28/2007; Terrance Culhane served on 5/7/2007, answer due 5/28/2007. Service was accepted by ANN CUTLER, PARALEGAL. Document filed by Lilian Alvarado; Gordon Urquhart; Blake J. Willett; Bryan Henry; Marilyn Y. Armstrong; Kenneth Davis; Eric Moore; Nzingha M. Kellman; Michael Benjamin; Marshall R. Mazyck. (Hyman, Steven)
May 4, 2007	Filing 1 COMPLAINT against Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Filing Fee $ 350.00, Receipt Number 613967)Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck.(jpo)
May 4, 2007	SUMMONS ISSUED as to Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (jpo)
May 4, 2007	Case Designated ECF. (jpo)
May 4, 2007	Magistrate Judge Henry B. Pitman is so designated. (jpo)

September 29, 2015

Filing 344 STIPULATION AND ORDER OF DISCONTINUANCE AND DISMISSAL: Plaintiffs and Defendants, through their undersigned attorneys, hereby stipulate to the voluntary discontinuance and dismissal of the above-captioned action, with prejudice, and without costs, attorneys' fees, expenses or disbursements to any party as against the other. The parties hereby stipulate and agree that no party hereto is an infant or incompetent person for whom a committee has been appointed. (Signed by Judge Deborah A. Batts on 9/29/2015) (kgo)

July 10, 2015

Filing 343 ORDER granting #342 Letter Motion for Extension of Time. GRANTED. Pretrial Order due by 7/27/2015. (Signed by Judge Deborah A. Batts on 7/10/2015) (kgo)

July 9, 2015

Filing 342 LETTER MOTION for Extension of Time to file Pretrial Submissions addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated July 9, 2015. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

June 11, 2015

Filing 341 MEMO ENDORSEMENT on re: #340 Letter, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman. ENDORSEMENT: GRANTED. (Signed by Judge Deborah A. Batts on 6/11/2015) (kgo)

June 9, 2015

Filing 340 LETTER addressed to Judge Deborah A. Batts from both parties dated June 8, 2015 re: Request for extension of time for filing Pretrial Submissions. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett.(Jeremias, Jonathan)

April 8, 2015

Filing 339 INTERNET CITATION NOTE: Material from decision with Internet citation re: #337 Order. (vf)

March 19, 2015

Filing 338 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 3/13/2015 re: Request that the deadlines for submission of the Pretrial Submissions be adjourned 60 days, so that Proposed Requests to Charge, Proposed Voire Dire, the Joint Pretrial Statement, and Pretrial Memoranda of Law will be due June 12, 2015, and Responses to the Pretrial Memoranda will be due June 29, 2015. The parties will advise the Court as to whether or not the matter is resolved through mediation after the second mediation session on April 28th. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/19/2015) (kko)

March 3, 2015

Filing 337 MEMORANDUM AND ORDER. For the reasons in this Memorandum and Order, Defendants' Motions for Summary Judgment are DENIED as to Plaintiffs Davis, Willett, Mazyck, Moore, Kellman, Armstrong, and Henrys race-based hostile work environment claims brought against MTA under Title VII, NYSHRL, and NYCHRL and brought against McConville in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL. Defendants' Motions for Summary Judgment are GRANTED as to Davis, Willett, Mazyck, Moore, Kellman, Armstrong, and Henrys race-based hostile work environment claims brought against Culhane in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL, and as to Kellman and Armstrongs sex-based hostile work environment claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983. The Memoranda and Orders located at ECF Nos. 239, 251, 295, 303, and 305 are REVISED as set forth supra Parts II.B.3, II.B.4, and II.C. All other holdings in ECF Nos. 239, 251, 295, 303, and 305 remain unchanged. Proposed Requests to Charge, Proposed Voir Dire, a Joint Pre-trial Statement ("JPTS"), and Memoranda of Law addressing those issues raised in the JPTS shall be submitted no later than six weeks from the date of this Order. The JPTS shall conform to the Court's Individual Practices and Supplemental Trial Procedure Rules. Responses to the Memoranda shall be submitted no later than eight weeks from the date of this Order. There shall be no replies. (Signed by Judge Deborah A. Batts on 3/3/2015) (rjm)

September 25, 2014

Filing 336 OPINION #104806: As set forth within, Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as follows: (1) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's disparate treatment claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983; (2) Plaintiff's only timely, non-waived, and non-abandoned retaliation claims regard the denial of his 2007 application for promotion to Captain. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's retaliation claims brought against MTA under Title VII, NYSHRL, and NYCHRL, and brought against McConville in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL; but it is GRANTED as to Plaintiff's retaliation claims brought against MTA and the individual Defendants in their official capacities under 1981 and 1983, and brought against Culhane in his individual capacity under 1981, 1983, NYSHRL, and NYCHRL; (3) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's pattern or practice claims brought under Title VII, NYSHRL, NYCHRL, 1981, and 1983; (4) Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's 1981 and 1983 claims brought against MTA and the individual Defendants in their official capacities; (5) Decision is reserved with respect to Plaintiff's hostile work environment claims brought against MTA under Title VII, NYSHRL, and NYCHRL, and brought against McConville and Culhane in their individual capacities under 1981, 1983, the NYSHRL, and the NYCHRL. SO ORDERED. (See Order.) (Signed by Judge Deborah A. Batts on 9/25/2014) (ajs) Modified on 9/29/2014 (ca).

August 28, 2014

Filing 335 OPINION #104667 re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong filed by Terrance Culhane, Metropolitan Transportation Authority, Kevin McConville, William Morange, Elliot Sander: For the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as further set forth in this Opinion. (Signed by Judge Deborah A. Batts on 8/28/2014) (tn) Modified on 9/3/2014 (ca).

March 26, 2014

Filing 334 INTERNET CITATION NOTE: Material from decision with Internet citation re: #333 Memorandum & Opinion. (fk)

March 26, 2014

Filing 333 OPINION 104125 re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman, filed by Terrance Culhane, Metropolitan Transportation Authority, Kevin McConville, William Morange, Elliot Sander. For the reasons set forth herein, Defendants' Motion for Summary Judgment is granted in part, denied in part, and the Court reserves decision in part. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/26/2014) (ja) Modified on 3/28/2014 (nt).

September 25, 2013

Filing 332 MEMORANDUM AND ORDER granting #185 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for Summary Judgment against the causes of action of Gordon Urquhart is GRANTED in its entirety. (Signed by Judge Deborah A. Batts on 9/25/2013) (mro)

August 22, 2013

Filing 331 MEMORANDUM AND ORDER granting in part and denying in part #160 Motion for Summary Judgment. Defendants Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part, as listed herein. (Signed by Judge Deborah A. Batts on 8/22/2013) (ft)

June 17, 2013

Filing 330 SEALED DOCUMENT placed in vault.(mps)

June 17, 2013

Filing 329 DECLARATION of Jonathan R. Jeremias in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan)

March 8, 2013

Filing 328 AMENDED REPLY MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 8, 2013

Filing 327 AMENDED REPLY MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 8, 2013

Filing 326 AMENDED REPLY MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 8, 2013

Filing 325 AMENDED REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 8, 2013

Filing 324 AMENDED REPLY MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 8, 2013

Filing 323 CERTIFICATE OF SERVICE of Memorandum of Law and Response to Defendants' Local Rule 56.1 Statement served on Steven Fuchs on 03/08/2013. Service was made by E-mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

March 8, 2013

Filing 322 SEALED DOCUMENT placed in vault.(mps)

March 6, 2013

Filing 321 CERTIFICATE OF SERVICE of Memorandum of Law and Response to Defendants' Local Rule 56.1 Statement served on Steven Fuchs on 03/06/2013. Service was made by E-mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

March 6, 2013

Filing 320 SEALED DOCUMENT placed in vault.(mps)

March 6, 2013

Filing 319 SEALED DOCUMENT placed in vault.(mps)

March 6, 2013

Filing 318 SEALED DOCUMENT placed in vault.(mps)

March 6, 2013

Filing 317 SEALED DOCUMENT placed in vault.(mps)

February 28, 2013

Filing 316 AMENDED MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 28, 2013

Filing 315 SEALED DOCUMENT placed in vault.(nm)

February 28, 2013

Filing 314 SEALED DOCUMENT placed in vault.(nm)

February 28, 2013

Filing 313 CERTIFICATE OF SERVICE of Memoranda of Law served on MTA on 2/28/13. Service was accepted by Stephen A. Fuchs. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

February 27, 2013

Filing 312 AMENDED MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 25, 2013

Filing 311 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 2/25/2013 re: Counsel make a joint request, for a two-week extension, until 3/22/2013, for the filing of memorandum of law regarding the motions for summary judgment. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 2/25/2013) (tro)

February 21, 2013

Filing 310 MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 19, 2013

Filing 309 MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 8, 2013

Filing 308 AMENDED MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 6, 2013

Filing 307 ORDER: Docket numbers 161, 186, 209, 214, 217, 232, 235, 240, 250, 253, 262, 272, 278, 281, 296, and 306 are in violation of Local Civil Rule 11.1(b) and are therefore STRICKEN. Should the Parties wish the Court to consider any memoranda of law regarding the Motions for Summary Judgment, they shall re-file memoranda that comply with Local Civil Rule 11.1(b) within thirty days of this Order. (Signed by Judge Deborah A. Batts on 2/6/2013) (ft)

February 6, 2013

***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to #307 Order Striking Document from Record. (ft)

February 5, 2013

Filing 306 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

September 4, 2012

Filing 305 MEMORANDUM AND ORDER granting in part and denying in part #115 Motion for Summary Judgment. Defendants' Motion for Summary Judgment is GRANTED in part, DENIED in part, and decision is reserved in part. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's claims of retaliation based on the LOI. The Court reserves decision with respect to Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Mazyck's other claims is GRANTED. (Signed by Judge Deborah A. Batts on 9/4/2012) (ft)

August 9, 2012

Filing 304 ENDORSED LETTER addressed to Judge Deborah A. Batts, from Rachel Nicotra, dated 8/1/2012, re: in response to Defendants' July 30, 2012 letter to this Court seeking leave to file a brief on the issues of Plaintiffs' hostile work environment claims on which the Court has reserved judgment. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 8/9/2012) (ja)

August 2, 2012

Filing 303 MEMORANDUM AND ORDER granting #252 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for summary Judgment is GRANTED in its entirety. SO ORDERED.(Signed by Judge Deborah A. Batts on 8/01/2012) (ama)

July 20, 2012

Filing 302 SEALED DOCUMENT placed in vault.(mps)

July 20, 2012

Filing 301 CERTIFICATE OF SERVICE of Defendants' Reply Memorandum of Law in Support of Motion for Summary Judgment against Bryan Henry, Defendants' Reply to Plaintiff Bryan Henry's Corrected Counterstatement of Material Facts, Defendants' Reply to Plaintiff Bryan Henry's Corrected Responses to Defendants' Statement Pursuant to Local Rule 56.1, Reply Declaration of Stephen A. Fuchs, Reply Declaration of Christopher Erath, Ph.D on 7/20/2012. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 20, 2012

Filing 300 DECLARATION of Christopher Erath, Ph.D in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

July 20, 2012

Filing 299 DECLARATION of Stephen A. Fuchs in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Fuchs, Stephen)

July 20, 2012

Filing 298 REPLY to Response to Motion re: #252 MOTION for Summary Judgment Against Bryan Henry. Defendants' Reply to Plaintiff Bryan Henry's Corrected Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 20, 2012

Filing 297 REPLY to Response to Motion re: #252 MOTION for Summary Judgment Against Bryan Henry. Defendants' Reply to Plaintiff Bryan Henry's Corrected Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 20, 2012

Filing 296 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

July 16, 2012

Filing 295 MEMORANDUM AND ORDER granting in part and decision is reserved in part #86 Motion for Summary Judgment. Accordingly, for all the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part and decision is reserved on Defendants' Motion for Summary Judgment on Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Blake Willett's other claims is GRANTED. (Signed by Judge Deborah A. Batts on 7/16/2012) (pl)

July 10, 2012

Filing 294 SEALED DOCUMENT placed in vault.(mps)

July 10, 2012

Filing 293 CERTIFICATE OF SERVICE of Corrected Declaration of Jonathan R. Jeremias, and Plaintiffs' Corrected Response to Defendants' Local Rule 56.1 Statement and Counterstatement served on Craig A. Benson, Stephen A. Fuchs, Elias Jay Kahn, Keith Jay Rosenblatt on July 10, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

July 10, 2012

Filing 292 DECLARATION of Jonathan Jeremias in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-P, #4 Exhibit Q-X, #5 Exhibit Y, #6 Exhibit Z, #7 Exhibit AA-NN, #8 Exhibit OO-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF, #15 Exhibit GGG-1, #16 Exhibit GGG-2, #17 Exhibit GGG-3, #18 Exhibit HHH, #19 Exhibit III, #20 Exhibit JJJ, #21 Exhibit KKK, #22 Exhibit LLL, #23 Exhibit MMM, #24 Exhibit NNN, #25 Exhibit OOO, #26 Exhibit PPP, #27 Exhibit QQQ, #28 Exhibit RRR, #29 Exhibit SSS, #30 Exhibit TTT, #31 Exhibit UUU, #32 Exhibit VVV, #33 Exhibit WWW, #34 Exhibit XXX, #35 Exhibit YYY, #36 Exhibit ZZZ, #37 Exhibit AAAA, #38 Exhibit BBBB, #39 Exhibit CCCC, #40 Exhibit DDDD, #41 Exhibit EEEE, #42 Exhibit FFFF)(Jeremias, Jonathan)

July 9, 2012

Filing 291 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 7/9/2012 re: Counsel for plaintiffs write to request leave to amend our response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment against Bryan Henry in order to withdraw Exhibit M, to remove references to Exhibit M which appear in paragraphs 43R, 47R, XX, 000 and in footnote 25 of Plaintiffs' responsive 56.1 Statement and counter- statement, and to replace such references with citations to other evidence which is already in the record. ENDORSEMENT: Leave to amend GRANTED. Extension GRANTED., ( Responses due by 7/20/2012) (Signed by Judge Deborah A. Batts on 7/9/2012) (pl)

June 8, 2012

Filing 290 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibits annexed thereto; 2) Reply Declaration of Karen Taylor in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibit annexed thereto; 3) Reply Declaration of Ernest Pucillo in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibit annexed thereto 4) Reply Declaration of Joseph Martelli in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong 5) Reply Declaration of James Flanagan in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong; 6) Reply Declaration of Peter Cummo in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong; 7) Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 8) Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Counterstatement of Material Facts and 9) Defendants' Reply Memorandum of Law in Support of Motion for Summary Judgment Against Plaintiff Marilyn Armstrong served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on June 8, 2012. Service was made by By ECF and U.S. Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 289 REPLY to Response to Motion re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 288 REPLY to Response to Motion re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Defendants' Reply to Plaintiff Marilyn Y. Armstrong's Responses to Defendents' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 287 DECLARATION of Ernest Pucillo in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

June 8, 2012

Filing 286 DECLARATION of James Flanagan in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 285 DECLARATION of Joseph Martelli in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 284 DECLARATION of Peter Cummo in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 8, 2012

Filing 283 DECLARATION of Karen Taylor in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

June 8, 2012

Filing 282 DECLARATION of Stephen A. Fuchs in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52)(Fuchs, Stephen)

June 8, 2012

Filing 281 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

June 8, 2012

Filing 280 SEALED DOCUMENT placed in vault.(mps)

June 7, 2012

Filing 279 ENDORSED LETTER addressed to Judge Deborah A Batts from Stephen A Fuchs dated 6/5/2012 re: Defendants respectfully request an extension of the Court's page limit, set forth in the Court's Individual Rules of Practice, for reply memoranda of law from 10 pages to 15 pages. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 6/7/2012) (cd)

June 1, 2012

Filing 278 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).

June 1, 2012

Filing 277 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Bryan Henry, Declaration of Joshua Ontell, Plaintiffs' Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiffs' Memorandum of Law served on Stephen Fuchs on June 1, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

June 1, 2012

Filing 276 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Jonathan Jeremias in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-P, #4 Exhibit Q-X, #5 Exhibit Y, #6 Exhibit Z, #7 Exhibit AA-NN, #8 Exhibit OO-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF, #15 Exhibit GGG-1, #16 Exhibit GGG-2, #17 Exhibit GGG-3, #18 Exhibit HHH, #19 Exhibit III, #20 Exhibit JJJ, #21 Exhibit KKK, #22 Exhibit LLL, #23 Exhibit MMM, #24 Exhibit NNN, #25 Exhibit OOO, #26 Exhibit PPP, #27 Exhibit QQQ, #28 Exhibit RRR, #29 Exhibit SSS, #30 Exhibit TTT, #31 Exhibit UUU, #32 Exhibit VVV, #33 Exhibit WWW, #34 Exhibit XXX, #35 Exhibit YYY, #36 Exhibit ZZZ, #37 Exhibit AAAA, #38 Exhibit BBBB, #39 Exhibit CCCC, #40 Exhibit DDDD, #41 Exhibit EEEE, #42 Exhibit FFFF)(Jeremias, Jonathan) Modified on 7/13/2012 (ka).

June 1, 2012

Filing 275 DECLARATION of Joshua Ontell in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Jeremias, Jonathan)

June 1, 2012

Filing 274 DECLARATION of Bryan Henry in Opposition re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A)(Jeremias, Jonathan)

May 18, 2012

Filing 273 ENDORSED LETTER addressed to Judge Deborah A. Batts from Jonathan R. Jeremias dated 5/17/2012 re: Request that Your Honor so-order this letter directing the Clerk of the Court to accept, as an exhibit, a DVD containing video clip, and as further specified in this letter of request. ENDORSEMENT: Granted. Request to file DVD exhibit containing video clip granted. So ordered. (Signed by Judge Deborah A. Batts on 5/18/2012) (rjm)

April 27, 2012

Filing 272 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).

April 27, 2012

Filing 271 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Marilyn Armstrong, Plaintiffs' Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiffs' Memorandum of Law served on Stephen Fuchs on April 27, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

April 27, 2012

Filing 270 DECLARATION of Jonathan Jeremias in Opposition re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC, #56 Exhibit DDD, #57 Exhibit EEE, #58 Exhibit FFF, #59 Exhibit GGG, #60 Exhibit HHH, #61 Exhibit III, #62 Exhibit JJJ, #63 Exhibit KKK, #64 Exhibit LLL, #65 Exhibit MMM, #66 Exhibit NNN, #67 Exhibit OOO, #68 Exhibit PPP, #69 Exhibit QQQ, #70 Exhibit RRR, #71 Exhibit SSS, #72 Exhibit TTT, #73 Exhibit UUU, #74 Exhibit VVV, #75 Exhibit WWW, #76 Exhibit XXX, #77 Exhibit YYY, #78 Exhibit ZZZ, #79 Exhibit AAAA, #80 Exhibit BBBB, #81 Exhibit CCCC, #82 Exhibit DDDD, #83 Exhibit EEEE, #84 Exhibit FFFF part 1, #85 Exhibit FFFF part 2, #86 Exhibit GGGG, #87 Exhibit HHHH, #88 Exhibit IIII, #89 Exhibit JJJJ, #90 Exhibit KKKK, #91 Exhibit LLLL, #92 Exhibit MMMM, #93 Exhibit NNNN, #94 Exhibit OOOO, #95 Exhibit PPPP, #96 Exhibit QQQQ, #97 Exhibit RRRR, #98 Exhibit SSSS, #99 Exhibit TTTT, #100 Exhibit UUUU, #101 Exhibit VVVV, #102 Exhibit WWWW, #103 Exhibit XXXX, #104 Exhibit YYYY, #105 Exhibit ZZZZ, #106 Exhibit AAAAA, #107 Exhibit BBBBB, #108 Exhibit CCCCC, #109 Exhibit DDDDD)(Jeremias, Jonathan)

April 27, 2012

Filing 269 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 2) Reply Declaration of Stephen Conner in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 3) Reply Declaration of Robert Terrett in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman, with exhibits annexed thereto; 4) Reply Declaration of Wilfredo Barreto in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman; 5) Defendants' Reply to Plaintiff Nzingha M. Kellman's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 6) Defendants' Reply to Plaintiff Nzingha M. Kellman's Counterstatement of Facts and 7) Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Nzingha Kellman served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on April 27, 2012. Service was made by by ECF and US Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 27, 2012

Filing 268 REPLY to Response to Motion re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Defendants' Reply to Plaintiff Nzingha M. Kellman's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 27, 2012

Filing 267 RESPONSE to Motion re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Defendants' Reply to Plaintiff Nzingha M. Kellman's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 27, 2012

Filing 266 DECLARATION of Stephen Conner in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

April 27, 2012

Filing 265 DECLARATION of Robert Terrett in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)

April 27, 2012

Filing 264 DECLARATION of Wilfredo Barreto in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 27, 2012

Filing 263 DECLARATION of Stephen A. Fuchs, Esq. in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Fuchs, Stephen)

April 27, 2012

Filing 262 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

April 27, 2012

Filing 261 DECLARATION of Marilyn Armstrong in Opposition re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jeremias, Jonathan)

April 27, 2012

Filing 260 SEALED DOCUMENT placed in vault.(mps)

April 6, 2012

Filing 259 CERTIFICATE OF SERVICE of 1) Notice of Motion; 2) Declaration of Stephen A. Fuchs in Support of Defendant's Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 3) Declaration of Thomas Dunn in Support of Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 4) Declaration of Kevin McConville in Support of Defendants' Motion for Summary Judgment Against Bryan Henry with exhibits annexed thereto; 5) Defendants' Local Rule 56.1 Statement in Suport of Motion for Summary Judgment Against Bryan Henry and 6) Defendant's Memoranum of Law in Support of Summary Judgment Against Plaintiff Bryan Henry. served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on April 6, 2012. Service was made by ECF and US Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 6, 2012

Filing 258 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 6, 2012

Filing 257 DECLARATION of Kevin McConville in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

April 6, 2012

Filing 256 DECLARATION of Thomas Dunn in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Fuchs, Stephen)

April 6, 2012

Filing 255 DECLARATION of Stephen A. Fuchs in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30 Part I, #31 Exhibit 30 Part II, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48)(Fuchs, Stephen)

April 6, 2012

Filing 254 SEALED DOCUMENT placed in vault.(nm)

April 6, 2012

Filing 253 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #252 MOTION for Summary Judgment Against Bryan Henry.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

April 6, 2012

Filing 252 MOTION for Summary Judgment Against Bryan Henry. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 6/1/2012 Return Date set for 7/13/2012 at 12:00 AM.(Fuchs, Stephen)

March 30, 2012

Filing 251 MEMORANDUM AND ORDER: terminating #74 Motion for Summary Judgment. For the foregoing reasons, Defendants' Motion for Summary Judgment is GRANTED in part and DENIED in part. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claims of racial and gender discrimination under Title VII, NYSHRL, and NYCHRL; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's hostile work environment claims; Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's retaliation claims based on the LOI issuance; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's retaliation claims based on Plaintiff's transfer out of AIU and subsequent reassignment to Hillside, Queens; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's pattern or practice of discrimination claims; Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's 1981 and 1983 claims. (Signed by Judge Deborah A. Batts on 3/30/2012) (pl) Modified on 4/2/2012 (pl).

March 16, 2012

Filing 250 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).

March 16, 2012

Filing 249 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Nzingha Kellman, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on March 16, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

March 16, 2012

Filing 248 DECLARATION of Jonathan Jeremias in Opposition re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B-D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G-M, #6 Exhibit N-O, #7 Exhibit P, #8 Exhibit Q-W, #9 Exhibit X, #10 Exhibit Y-Z, #11 Exhibit AA-LL, #12 Exhibit MM-SS, #13 Exhibit TT-ZZ, #14 Exhibit AAA-FFF, #15 Exhibit GGG-III, #16 Exhibit JJJ-NNN, #17 Exhibit OOO, #18 Exhibit PPP-RRR, #19 Exhibit SSS, #20 Exhibit TTT-UUU, #21 Exhibit VVV-WWW, #22 Exhibit XXX-ZZZ, #23 Exhibit AAAA-CCCC, #24 Exhibit DDDD-FFFF, #25 Exhibit GGGG-IIII, #26 Exhibit JJJJ-LLLL, #27 Exhibit MMMM, #28 Exhibit NNNN-PPPP, #29 Exhibit QQQQ-UUUU, #30 Exhibit VVVV)(Jeremias, Jonathan)

March 16, 2012

Filing 247 DECLARATION of Nzingha Kellman in Opposition re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

March 16, 2012

Filing 246 CERTIFICATE OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Gordon Urquhart, with exhibits annexed thereto; 2) Reply Declaration of James Flanagan in Support of Defendants' Motion for Summary Judgment Dismissing Claims of Gordon Urquhart; 3) Reply Declaration of Marc Noens in Support of Defendants' Motion for Summary Judgment Dismissing Claims of Gordon Urquhart; 4) Defendants' Reply to Plaintiff Gordon Urquhart's Responses to Defendants' Statement Pursuant to Local Rule 56.1; 5) Defendants Responses to Plaintiff Gordon Urquhart's Counterstatement of Material Facts and 6) Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Gordon Urquhart served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Janet C. Neschis, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., McLaughlin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on 03/16/2012. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 16, 2012

Filing 245 REPLY to Response to Motion re: #185 MOTION for Summary Judgment Against Gordon Urquhart. Defendants' Response to Plaintiff Gordon Urquhart's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 16, 2012

Filing 244 REPLY to Response to Motion re: #185 MOTION for Summary Judgment Against Gordon Urquhart. Defendants' Reply to Plaintiff Gordon Urquhart's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 16, 2012

Filing 243 DECLARATION of James Flanagan in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 16, 2012

Filing 242 DECLARATION of Marc Noens in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 16, 2012

Filing 241 DECLARATION of Stephen A. Fuchs in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Fuchs, Stephen)

March 16, 2012

Filing 240 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

March 6, 2012

Filing 239 MEMORANDUM AND ORDER granting in part and denying in part #65 Motion for Summary Judgment filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange and Elliot Sander: For the reasons set forth within, Defendants' Motion for Summary Judgment is GRANTED in part but decision is reserved on Defendants' Motion for summary Judgment on Plaintiff's hostile work environment claims. Defendants' Motion for Summary Judgment on all of Plaintiff Kenneth Davis' other claims is GRANTED. (Signed by Judge Deborah A. Batts on 3/6/2012) (ab)

February 17, 2012

Filing 238 CERTIFICATE OF SERVICE of 1) Notice of Motion; 2) Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Marilyn Y. Armstrong, with exhibits annexed thereto; 3) Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment Against Marilyn Armstrong and 4) Defendants' Memorandum of Law in Support of Summary Judgment Against Plaintiff Marilyn Armstrong. served on Norman Siegel, Esq., Siegel Teitelbaum & Evans, LLP, 260 Madison Avenue, 22nd Floor, New York, NY 10016 and Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Janet Neschis, Esq., Jonathan Jeremias, Esq., McLauglin & Stern, LLP, 260 Madison Avenue, New York, NY 10016 on February 17, 2012. Service was made by Mail and Email. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 17, 2012

Filing 237 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 17, 2012

Filing 236 DECLARATION of Stephen A. Fuchs in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68)(Fuchs, Stephen)

February 17, 2012

Filing 235 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #234 MOTION for Summary Judgment Against Marilyn Y. Armstrong.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

February 17, 2012

Filing 234 MOTION for Summary Judgment Against Marilyn Y. Armstrong. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 4/27/2012 Return Date set for 6/8/2012 at 11:59 PM.(Fuchs, Stephen)

February 17, 2012

Filing 233 SEALED DOCUMENT placed in vault.(nm)

February 3, 2012

Filing 232 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(mps) Modified on 2/6/2013 (ft).

February 3, 2012

Filing 231 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Gordon Urquhart, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on February 3, 2012. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

February 3, 2012

Filing 230 DECLARATION of Gordon Urquhart in Opposition re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E)(Jeremias, Jonathan)

February 3, 2012

Filing 229 DECLARATION of Jonathan Jeremias in Opposition re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-H, #3 Exhibit I-P, #4 Exhibit Q-Z, #5 Exhibit AA-KK, #6 Exhibit LL-PP, #7 Exhibit QQ-SS, #8 Exhibit TT-ZZ, #9 Exhibit AAA, #10 Exhibit BBB, #11 Exhibit CCC-HHH, #12 Exhibit III-PPP, #13 Exhibit QQQ-RRR)(Jeremias, Jonathan)

February 3, 2012

Filing 228 NOTICE OF CHANGE OF ADDRESS by Norman H. Siegel on behalf of All Plaintiffs. New Address: Siegel Teitelbaum & Evans, LLP, 260 Madison Ave., 22nd Floor, New York, NY, USA 10016, 212-455-0300. (Siegel, Norman)

January 27, 2012

Filing 227 AFFIDAVIT OF SERVICE of 1) Reply Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Eric Moore, with exhibits annexed thereto; 2) Reply Declaration of Stephen Conner in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore, with exhibits, annexed thereto; 3) Reply Declaration of Joseph Martelli in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore, with exhibits annexed thereto; 4) Reply Declaration of Patrick Ketcham in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore; 5) Reply Declaration of Michael Alfalla in Support of Defendants' Motion for Summary Judgment of Claims of Eric Moore; 6) Defendants' Reply to Plaintiff's Response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgement Agains Eric Moore; 7) Defendants' Response to Plaintiff Eric Moore's Counterstatement of Facts and 8) Defendants' Reply Memorandum of Law in Support of Summary Judgement against Plaintiff Eric Moore served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq., McLaughlin & Stern, LLP on 1/27/2012. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 27, 2012

Filing 226 DECLARATION of Stephen Conner in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)

January 27, 2012

Filing 225 DECLARATION of Joseph Martelli in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen)

January 27, 2012

Filing 224 DECLARATION of Patrick Ketcham in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 27, 2012

Filing 223 REPLY to Response to Motion re: #160 MOTION for Summary Judgment against Eric Moore. Defendants' Reply to Plaintiff Eric Moore's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 27, 2012

Filing 222 REPLY to Response to Motion re: #160 MOTION for Summary Judgment against Eric Moore. Defendants' Response to Plaintiff Eric Moore's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 27, 2012

Filing 221 DECLARATION of Michael Alfalla in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 27, 2012

Filing 220 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Defendants' Response to Plaintiff Eric Moore's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/9/2012 (db).

January 27, 2012

Filing 219 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Defendants' Reply to Plaintiff Eric Moore's Response to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/9/2012 (db).

January 27, 2012

Filing 218 DECLARATION of Stephen A. Fuchs in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47)(Fuchs, Stephen)

January 27, 2012

Filing 217 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. REPLY MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

January 27, 2012

Filing 216 SEALED DOCUMENT placed in vault.(nm)

December 23, 2011

Filing 215 CERTIFICATE OF SERVICE of Defendants' Notice of Motion, Declaration of Stephen A. Fuchs in Support of Defendants' Motion for Summary Judgment Against Nzingha Kellman with exhibits annexed thereto; Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment Against Nzingha Kellman and Defendants' Memorandum of Law in Support of Summary Judgment Against Plaintiff Nzingha Kellman served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jeremias, Esq., Janet Neschis, Esq. of McLaughlin & Stern, LLP on 12/23/2011. Service was made by Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 23, 2011

Filing 214 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. FIRST MEMORANDUM OF LAW in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

December 23, 2011

Filing 213 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 23, 2011

Filing 212 DECLARATION of Stephen A Fuchs. Esq. in Support re: #211 FIRST MOTION for Summary Judgment Against Nzingha Kellman.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70)(Fuchs, Stephen)

December 23, 2011

Filing 211 FIRST MOTION for Summary Judgment Against Nzingha Kellman. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 3/16/2012 Return Date set for 4/27/2012 at 11:59 PM.(Fuchs, Stephen)

December 23, 2011

Filing 210 SEALED DOCUMENT placed in vault.(mps)

December 16, 2011

Filing 209 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. SEALED DOCUMENT placed in vault.(nm) Modified on 2/6/2013 (ft).

December 16, 2011

Filing 208 CERTIFICATE OF SERVICE of Declaration of Jonathan Jeremias, Declaration of Eric Moore, Plaintiff's Response to Defendants' Local Rule 56.1 Statement and Counterstatement, Plaintiff's Memorandum of Law served on Stephen Fuchs on December 16, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

December 16, 2011

Filing 207 DECLARATION of Jonathan Jeremias in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan)

December 16, 2011

Filing 206 DECLARATION of Eric Moore in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

December 16, 2011

Filing 205 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F-Z, #4 Exhibit AA-II, #5 Exhibit JJ, #6 Exhibit KK-QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT-WW, #10 Exhibit XX-ZZ, #11 Exhibit AAA-CCC, #12 Exhibit DDD, #13 Exhibit EEE, #14 Exhibit FFF-JJJ, #15 Exhibit KKK, #16 Exhibit LLL-UUU, #17 Exhibit VVV-WWW, #18 Exhibit XXX, #19 Exhibit YYY-ZZZ, #20 Exhibit AAAA-JJJJ)(Jeremias, Jonathan) Modified on 12/21/2011 (kco).

December 16, 2011

Filing 204 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan) Modified on 12/21/2011 (kco).

December 5, 2011

Filing 203 DECLARATION of Frances Zaino in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Fuchs, Stephen)

December 5, 2011

Filing 202 DECLARATION of Stephen A. Fuchs, Esq. in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Fuchs, Stephen)

December 2, 2011

Filing 201 SEALED DOCUMENT placed in vault.(nm)

December 2, 2011

Filing 200 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Michael Benjamin with exhibts annexed thereto; 2) Declaration of Francis Zaino in Support of Motion for Summary Judgment Against Michael Benjamin, with exhibits annexed thereto; 3) Declaration of Kristin Murray in Support of Motion for Summary Judgment against Michael Benjamin, with exhibits annexed hereto, (4) Declaration of Joseph Martelli in support of Motion for Summary judgment against Michael Benjamin, with exhibits annexed thereto, (5) Defendants reply memorandum of law in support of summary judgment against Plaintiff Michael Benjamin, (6) Defendants reply to plaintiff Michael Benjamin's responses to defendants statement pursuant to local rule 56.1 (7) Defendants reply to plaintiff Michael Benjamin's Counterstatement of material Facts. served on Norman Siegal, Esq.,Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jermias, Janet Neschis on 12/2/2011. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 2, 2011

Filing 199 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 2, 2011

Filing 198 REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Reply to Plaintiff Michael Benjamin's Responses to Defendants' Statement pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 2, 2011

Filing 197 REPLY to Response to Motion re: #136 MOTION for Summary Judgment Against Michael Benjamin. Reply to Plaintiff Michael Benjiman's Counterstatement of Material Facts.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

December 2, 2011

Filing 196 DECLARATION of Joseph Martelli in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)

December 2, 2011

Filing 195 DECLARATION of Kristen Murray in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Errata D)(Fuchs, Stephen)

December 2, 2011

Filing 194 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Francis Zaino in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen) Modified on 12/22/2011 (db).

December 2, 2011

Filing 193 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Stephen A. Fuchs in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38)(Fuchs, Stephen) Modified on 12/22/2011 (db).

December 2, 2011

Filing 192 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

November 11, 2011

Filing 190 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs in Support with accompanying exhibits annexed thereto, Declaration of Daniel Ojeda in Support with accompanying exhibits annexed thereto, Defendants' Local Rule 56.1 Statement in Support and Defendants' Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq. and Jonathan Jeremias, Esq. on November 11, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

November 11, 2011

Filing 189 DECLARATION of Stephen A. Fuchs in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)

November 11, 2011

Filing 188 DECLARATION of Daniel Ojeda in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

November 11, 2011

Filing 187 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

November 11, 2011

Filing 186 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #185 MOTION for Summary Judgment Against Gordon Urquhart.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

November 11, 2011

Filing 185 MOTION for Summary Judgment Against Gordon Urquhart. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. Responses due by 2/3/2012(Fuchs, Stephen)

November 10, 2011

Filing 191 SEALED DOCUMENT placed in vault.(mps)

October 27, 2011

Filing 184 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 10/25/2011 re: Counsel for the Defendant writes to propose an adjusted schedule that involves two weeks shifts in the remaining dates in the schedule for Defendant's summary judgment motions (see Letter for dates). ENDORSEMENT: GRANTED. No further extensions. (Motions due by 4/6/2012. Responses due by 6/1/2012. Replies due by 7/13/2012.) (Signed by Judge Deborah A. Batts on 10/27/2011) (ab)

October 7, 2011

Filing 183 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Marshall Mazyck, with exhibits 1-41, Reply Declaration of Ernest Pucillo in Support of Motion for Summary Judgment Against Marshall Mazyck with exhibit A, Defendants' Reply Memorandum of Law in Support of Summary Judgment Against Plaintiff Marshall Mazyck, Defendants' Reply to Plaintiff Marshall Mazyck's Responses to Defendants Statement Pursuant to Local Rule 56.1 and Defendants' Reply to Plaintiff Marshall R. Mazyck's Counterstatement of Material Facts. served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., Jonathan Jermias, Esq., and Janet Neschis, Esq. on October 7, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

October 7, 2011

Filing 182 REPLY to Response to Motion re: #115 MOTION for Summary Judgment against Marshall Mazyck. Reply to Plaintiff Marshall Mazyck's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

October 7, 2011

Filing 181 DECLARATION of Ernest Pucillo in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of Ernest Pucillo)(Fuchs, Stephen)

October 7, 2011

Filing 180 DECLARATION of Stephen A. Fuchs in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs, #30 Exhibit 30 to Declaration of Stephen A. Fuchs, #31 Exhibit 31 to Declaration of Stephen A. Fuchs, #32 Exhibit 32 to Declaration of Stephen A. Fuchs, #33 Exhibit 33 to Declaration of Stephen A. Fuchs, #34 Exhibit 34 to Declaration of Stephen A. Fuchs, #35 Exhibit 35 to Declaration of Stephen A. Fuchs, #36 Exhibit 36 to Declaration of Stephen A. Fuchs, #37 Exhibit 37 to Declaration of Stephen A. Fuchs, #38 Exhibit 38 to Declaration of Stephen A. Fuchs, #39 Exhibit 39 to Declaration of Stephen A. Fuchs, #40 Exhibit 40 to Declaration of Stephen A. Fuchs, #41 Exhibit 41 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)

October 7, 2011

Filing 179 REPLY to Response to Motion re: #115 MOTION for Summary Judgment against Marshall Mazyck. Reply to Plaintiff Marshall Mazyck's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

October 7, 2011

Filing 178 REPLY MEMORANDUM OF LAW in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

October 7, 2011

Filing 177 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Jonathan R. Jeremias, Declaration of Michael Benjamin served on Stephen A. Fuchs on October 7, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Jeremias, Jonathan)

October 7, 2011

Filing 176 SEALED DOCUMENT placed in vault.(nm)

October 7, 2011

Filing 175 SEALED DOCUMENT placed in vault.(mps)

October 7, 2011

Filing 174 DECLARATION of Jonathan R. Jeremias in Opposition re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-M, #3 Exhibit N-Z, #4 Exhibit AA-MM, #5 Exhibit NN-RR, #6 Exhibit SS-ZZ, #7 Exhibit AAA-CCC, #8 Exhibit DDD, #9 Exhibit EEE-NNN, #10 Exhibit OOO-UUU, #11 Exhibit VVV-ZZZ, #12 Exhibit AAAA)(Jeremias, Jonathan)

October 7, 2011

Filing 173 DECLARATION of Michael Benjamin in Opposition re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-C)(Jeremias, Jonathan)

October 5, 2011

Filing 172 NOTICE OF APPEARANCE by Janet Cohn Neschis on behalf of Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett (Neschis, Janet)

October 4, 2011

Filing 171 NOTICE OF APPEARANCE by Jonathan Robert Jeremias on behalf of Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett (Jeremias, Jonathan)

September 27, 2011

Filing 170 CERTIFICATE OF SERVICE of Corrected Rule 56.1 Response and Counterstatement, Corrected Declaration of Rachel Nicotra, Corrected Declaration of Marshall Mazyck served on Stephen A. Fuchs on September 27, 2011. Service was made by Electronic Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Hyman, Steven)

September 27, 2011

Filing 169 SEALED DOCUMENT placed in vault.(nm)

September 27, 2011

Filing 168 DECLARATION of Rachel D. Nicotra in Opposition re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E, #2 Exhibit F-R, #3 Exhibit S-Z, #4 Exhibit AA-NN, #5 Exhibit OO-YY, #6 Exhibit ZZ Part 1, #7 Exhibit ZZ Part 2, #8 Exhibit AAA-FFF, #9 Exhibit GGG-NNN, #10 Exhibit OOO-PPP, #11 Exhibit QQQ-ZZZ, #12 Exhibit AAAA-CCCC)(Hyman, Steven)

September 27, 2011

Filing 167 DECLARATION of Marshall R. Mazyck in Opposition re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-E)(Hyman, Steven)

September 16, 2011

Filing 166 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Eric Moore, Declaration of Stephen A. Fuchs in Support with accompanying exhibits, Declaration of Jamie Atkinson in Support with accompanying exhibit, Declaration of John D'Agostino in Support with accompanying exhibit, Defendants' Local Rule 56.1 Statement in Support and Defendants' Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq. and Rachel D. Nicotra, Esq. on September 16, 2011. Service was made by ECF and Mail. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

September 16, 2011

Filing 165 DECLARATION of Stephen A. Fuchs in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 (part 1) to Declaration of Stephen A. Fuchs, #25 Exhibit 24 (part 2) to Declaration of Stephen A. Fuchs, #26 Exhibit 24 (part 3) to Declaration of Stephen A. Fuchs, #27 Exhibit 24 (part 4) to Declaration of Stephen A. Fuchs, #28 Exhibit 24 (part 5) to Declaration of Stephen A. Fuchs, #29 Exhibit 25 to Declaration of Stephen A. Fuchs, #30 Exhibit 26 to Declaration of Stephen A. Fuchs, #31 Exhibit 27 to Declaration of Stephen A. Fuchs, #32 Exhibit 28 to Declaration of Stephen A. Fuchs, #33 Exhibit 29 to Declaration of Stephen A. Fuchs, #34 Exhibit 30 to Declaration of Stephen A. Fuchs, #35 Exhibit 31 to Declaration of Stephen A. Fuchs, #36 Exhibit 32 to Declaration of Stephen A. Fuchs, #37 Exhibit 33 to Declaration of Stephen A. Fuchs, #38 Exhibit 34 to Declaration of Stephen A. Fuchs, #39 Exhibit 35 to Declaration of Stephen A. Fuchs, #40 Exhibit 36 to Declaration of Stephen A. Fuchs, #41 Exhibit 37 to Declaration of Stephen A. Fuchs, #42 Exhibit 38 to Declaration of Stephen A. Fuchs, #43 Exhibit 39 to Declaration of Stephen A. Fuchs, #44 Exhibit 40 to Declaration of Stephen A. Fuchs, #45 Exhibit 41 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)

September 16, 2011

Filing 164 DECLARATION of John D'Agostino in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of John D'Agostino)(Fuchs, Stephen)

September 16, 2011

Filing 163 DECLARATION of Jamie Atkinson in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A to Declaration of Jamie Atkinson in Support of Motion)(Fuchs, Stephen)

September 16, 2011

Filing 162 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

September 16, 2011

Filing 161 ***STRICKEN DOCUMENT. Deleted document number 161 , 186 , 209 , 214 , 217 , 232 , 235 , 240 , 250 , 253 , 262 , 272 , 278 , 281 , 296 , and 306 from the case record. The document was stricken from this case pursuant to 307 Order Striking Document from Record. MEMORANDUM OF LAW in Support re: #160 MOTION for Summary Judgment against Eric Moore.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 2/6/2013 (ft).

September 16, 2011

Filing 160 MOTION for Summary Judgment against Eric Moore. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

September 16, 2011

Filing 159 SEALED DOCUMENT placed in vault.(mps)

September 14, 2011

Filing 158 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 9/7/2011 re: Counsel for the Plaintiffs writes to request leave to amend their response to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment against Marshall Mazyck in order to withdraw Exhibit VV and remove references to it which appear in paragraph VVV of Plaintiffs' counterstatement. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 9/14/2011) (ab)

September 6, 2011

Filing 157 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 9/6/11 re: The proposed adjusted schedule involves a requested one week shift in certain dates in the schedule, with no requested extension of the final filing date of the entire motion schedule (June 22, 2012), as specified in this letter. ENDORSEMENT: Granted. So ordered. (Motions due by 3/23/2012. Responses due by 5/18/2012). (Signed by Judge Deborah A. Batts on 9/6/11) (rjm)

August 12, 2011

***STRICKEN DOCUMENT. Deleted document number 153 from the case record. The document was stricken from this case pursuant to #158 Endorsed Letter. (kco)

August 12, 2011

***STRICKEN DOCUMENT. Deleted document number 154 from the case record. The document was stricken from this case pursuant to #158 Endorsed Letter. (kco)

August 12, 2011

Filing 156 SEALED DOCUMENT placed in vault.(mps)

August 12, 2011

Filing 155 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Marshall Mazyck served on Stephen A. Fuchs on August 12, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)

August 5, 2011

Filing 152 CERTIFICATE OF SERVICE of Reply Declaration of Stephen A. Fuchs in support of Motion for Summary Judgment and all accompanying exhibits, Declaration of Agostino Paratore in support, Declaration of Frederick Doscher In Support, Declaration of John Fitzpatrick in support, Declaration of Stephen Conner in Support, Declaration of Terrence Culhane in support, reply memorandum of law in support, reply to plaintiff's response to Defendants Statement pursuant to Local Rule 56.1, and Reply to Plaintiffs Counterstatement of Facts served on Norman Siegel, Esq, Steven J. Hyman, Esq, Deanna R. Waldron, Esq, and Rachel Nicotra, Esq, on 8/5/2011. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 151 DECLARATION of Terrence Culhane in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 150 DECLARATION of Stephen Conner in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 149 DECLARATION of John Fitzpatrick in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 148 DECLARATION of Frederick Doscher in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 147 DECLARATION of Agostino Paratore in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 146 DECLARATION of Stephen A. Fuchs in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to the Declaration of Stephen A. Fuchs, #2 Exhibit 2 to the Declaration of Stephen A. Fuchs, #3 Exhibit 3 to the Declaration of Stephen A. Fuchs, #4 Exhibit 4 to the Declaration of Stephen A. Fuchs, #5 Exhibit 5 to the Declaration of Stephen A. Fuchs, #6 Exhibit 6 to the Declaration of Stephen A. Fuchs, #7 Exhibit 7 to the Declaration of Stephen A. Fuchs, #8 Exhibit 8 to the Declaration of Stephen A. Fuchs, #9 Exhibit 9 to the Declaration of Stephen A. Fuchs, #10 Exhibit 10 to the Declaration of Stephen A. Fuchs, #11 Exhibit 11 to the Declaration of Stephen A. Fuchs, #12 Exhibit 12 to the Declaration of Stephen A. Fuchs, #13 Exhibit 13 to the Declaration of Stephen A. Fuchs, #14 Exhibit 14 to the Declaration of Stephen A. Fuchs, #15 Exhibit 15 to the Declaration of Stephen A. Fuchs, #16 Exhibit 16 to the Declaration of Stephen A. Fuchs, #17 Exhibit 17 to the Declaration of Stephen A. Fuchs, #18 Exhibit 18 to the Declaration of Stephen A. Fuchs, #19 Exhibit 19 to the Declaration of Stephen A. Fuchs, #20 Exhibit 20 to the Declaration of Stephen A. Fuchs, #21 Exhibit 21 to the Declaration of Stephen A. Fuchs, #22 Exhibit 22 to the Declaration of Stephen A. Fuchs, #23 Exhibit 23 to the Declaration of Stephen A. Fuchs, #24 Exhibit 24 to the Declaration of Stephen A. Fuchs, #25 Exhibit 25 to the Declaration of Stephen A. Fuchs, #26 Exhibit 26 to the Declaration of Stephen A. Fuchs, #27 Exhibit 27 to the Declaration of Stephen A. Fuchs, #28 Exhibit 28 to the Declaration of Stephen A. Fuchs, #29 Exhibit 29 to the Declaration of Stephen A. Fuchs, #30 Exhibit 30 to the Declaration of Stephen A. Fuchs, #31 Exhibit 31 to the Declaration of Stephen A. Fuchs, #32 Exhibit 32 to the Declaration of Stephen A. Fuchs, #33 Exhibit 33 to the Declaration of Stephen A. Fuchs, #34 Exhibit 34 to the Declaration of Stephen A. Fuchs, #35 Exhibit 35 to the Declaration of Stephen A. Fuchs, #36 Exhibit 36 to the Declaration of Stephen A. Fuchs, #37 Exhibit 37 to the Declaration of Stephen A. Fuchs, #38 Exhibit 38 to the Declaration of Stephen A. Fuchs, #39 Exhibit 39 to the Declaration of Stephen A. Fuchs, #40 Exhibit 40 to the Declaration of Stephen A. Fuchs, #41 Exhibit 41 to the Declaration of Stephen A. Fuchs)(Fuchs, Stephen)

August 5, 2011

Filing 145 REPLY to Response to Motion re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Reply to Plaintiff Blake J. Willett's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 144 REPLY to Response to Motion re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Reply to Plaintiff Blake J. Willett's Responses to Defendant's Statement pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 143 REPLY MEMORANDUM OF LAW in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

August 5, 2011

Filing 142 SEALED DOCUMENT placed in vault.(nm)

July 15, 2011

Filing 141 SEALED DOCUMENT placed in vault.(nm)

July 15, 2011

Filing 140 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Michael Benjamin, Declaration of Stephen A. Fuchs in Support with Accompanying exhibits, Defendants' Local Rule 56.1 Statement, and Defendants' Memorandum of Law in Support of Summary Judgment against Michael Benjamin served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq. and Rachel D. Nicotra, Esq. on July 15, 2011. Service was made by ECF and MAIL. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 15, 2011

Filing 139 DECLARATION of Stephen A. Fuchs in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1 to Declaration of Stephen A. Fuchs, #2 Exhibit 2 to Declaration of Stephen A. Fuchs, #3 Exhibit 3 to Declaration of Stephen A. Fuchs, #4 Exhibit 4 to Declaration of Stephen A. Fuchs, #5 Exhibit 5 to Declaration of Stephen A. Fuchs, #6 Exhibit 6 to Declaration of Stephen A. Fuchs, #7 Exhibit 7 to Declaration of Stephen A. Fuchs, #8 Exhibit 8 to Declaration of Stephen A. Fuchs, #9 Exhibit 9 to Declaration of Stephen A. Fuchs, #10 Exhibit 10 to Declaration of Stephen A. Fuchs, #11 Exhibit 11 to Declaration of Stephen A. Fuchs, #12 Exhibit 12 to Declaration of Stephen A. Fuchs, #13 Exhibit 13 to Declaration of Stephen A. Fuchs, #14 Exhibit 14 to Declaration of Stephen A. Fuchs, #15 Exhibit 15 to Declaration of Stephen A. Fuchs, #16 Exhibit 16 to Declaration of Stephen A. Fuchs, #17 Exhibit 17 to Declaration of Stephen A. Fuchs, #18 Exhibit 18 to Declaration of Stephen A. Fuchs, #19 Exhibit 19 to Declaration of Stephen A. Fuchs, #20 Exhibit 20 to Declaration of Stephen A. Fuchs, #21 Exhibit 21 to Declaration of Stephen A. Fuchs, #22 Exhibit 22 to Declaration of Stephen A. Fuchs, #23 Exhibit 23 to Declaration of Stephen A. Fuchs, #24 Exhibit 24 to Declaration of Stephen A. Fuchs, #25 Exhibit 25 to Declaration of Stephen A. Fuchs, #26 Exhibit 26 to Declaration of Stephen A. Fuchs, #27 Exhibit 27 to Declaration of Stephen A. Fuchs, #28 Exhibit 28 to Declaration of Stephen A. Fuchs, #29 Exhibit 29 to Declaration of Stephen A. Fuchs, #30 Exhibit 30 to Declaration of Stephen A. Fuchs, #31 Exhibit 31 to Declaration of Stephen A. Fuchs, #32 Exhibit 32 to Declaration of Stephen A. Fuchs, #33 Exhibit 33 to Declaration of Stephen A. Fuchs, #34 Exhibit 34 to Declaration of Stephen A. Fuchs, #35 Exhibit 35 to Declaration of Stephen A. Fuchs, #36 Exhibit 36 to Declaration of Stephen A. Fuchs, #37 Exhibit 37 to Declaration of Stephen A. Fuchs, #38 Exhibit 38 to Declaration of Stephen A. Fuchs, #39 Exhibit 39 to Declaration of Stephen A. Fuchs, #40 Exhibit 40 to Declaration of Stephen A. Fuchs, #41 Exhibit 41 to Declaration of Stephen A. Fuchs, #42 Exhibit 42 to Declaration of Stephen A. Fuchs, #43 Exhibit 43 to Declaration of Stephen A. Fuchs, #44 Exhibit 44 to Declaration of Stephen A. Fuchs, #45 Exhibit 45 to Declaration of Stephen A. Fuchs, #46 Exhibit 46 to Declaration of Stephen A. Fuchs, #47 Exhibit 47 to Declaration of Stephen A. Fuchs, #48 Exhibit 48 to Declaration of Stephen A. Fuchs, #49 Exhibit 49 to Declaration of Stephen A. Fuchs, #50 Exhibit 50 to Declaration of Stephen A. Fuchs, #51 Exhibit 51 to Declaration of Stephen A. Fuchs)(Fuchs, Stephen)

July 15, 2011

Filing 138 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 15, 2011

Filing 137 MEMORANDUM OF LAW in Support re: #136 MOTION for Summary Judgment Against Michael Benjamin.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

July 15, 2011

Filing 136 MOTION for Summary Judgment Against Michael Benjamin. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

June 28, 2011

Filing 135 SEALED DOCUMENT placed in vault.(nm)

June 24, 2011

Filing 134 CERTIFICATE OF SERVICE of Reply Declaration Stephen A. Fuchs with exhibits attached thereto, Reply Declaration of Karen Taylor with exhibits attached thereto, Declaration of Daniel Ojeda, Declaration of Thomas Farney, Defendants' Reply to Plaintiff Responses to Defendants' Statement in Pursuant to Rule 56.1, Defendants' Reply to Plaintiffs' Counterstatement of Facts and Defendants' Reply Memorandum of Law in Support served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq. on June 24, 2011. Service was made by Mail, Email and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 24, 2011

Filing 133 REPLY to Response to Motion re: #74 MOTION for Summary Judgment Against Lillian Alvarado. Defendant's Reply to Plaintiff Lillian Alvarado's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 24, 2011

Filing 132 REPLY to Response to Motion re: #74 MOTION for Summary Judgment Against Lillian Alvarado. Defendants' Reply to Plaintiff Lillian Alvarado's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 24, 2011

Filing 131 REPLY MEMORANDUM OF LAW in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 24, 2011

Filing 130 DECLARATION of Karen Taylor in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fuchs, Stephen)

June 24, 2011

Filing 129 DECLARATION of Thomas Farney in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

June 24, 2011

Filing 128 DECLARATION of Daniel Ojeda in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

June 24, 2011

Filing 127 DECLARATION of Stephen A. Fuchs in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Fuchs, Stephen)

June 24, 2011

Filing 126 SEALED DOCUMENT placed in vault.(nm)

June 24, 2011

Filing 125 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Blake Willett served on Stephen A. Fuchs on June 24, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)

June 23, 2011

Filing 124 DECLARATION of Blake Willett in Opposition re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nicotra, Rachel)

June 23, 2011

Filing 123 DECLARATION of Rachel D. Nicotra in Opposition re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A-F, #2 Exhibit G, #3 Exhibit H-Z, #4 Exhibit AA-ZZ, #5 Exhibit AAA-TTT)(Nicotra, Rachel)

June 16, 2011

Filing 122 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 6/15/11 re: counsel for defendants writes due to and scheduling difficulties and conflicts with other matters in this Court, Defendants request, with the consent of Plaintiffs, the following proposed minor modification of the existing staggered briefing schedule for the ten summary judgment motions in this matter as follows: Defendants' Moving Papers Due: March 2, 2012, Plaintiffs' Opposition Papers Due: May 11, 2012. Defendants' Reply Briefs Due: June 22, 2012. Additional relief as set forth in this Order.. ENDORSEMENT: Granted.., ( Motions due by 3/2/2012., Responses due by 5/11/2012, Replies due by 6/22/2012.) (Signed by Judge Deborah A. Batts on 6/16/11) (pl)

May 27, 2011

Filing 121 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment Against Marshall Mazyck with exhibits 1-42, Declaration of Karen Taylor in Support with exhibits A-E, Declaration of John D'Agostino, 56.1 Statement and Defendant's Memorandum of Law served on Norman Siegel, Esq., Steven J. Hyman, Esq., Deanna R. Waldron, Esq., and Rachel D. Nicotra, Esq. on May 27, 2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

May 27, 2011

Filing 120 DECLARATION of Stephen A. Fuchs in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5A, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42)(Fuchs, Stephen)

May 27, 2011

Filing 119 DECLARATION of John D'Agostino in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

May 27, 2011

Filing 118 DECLARATION of Karen Taylor in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fuchs, Stephen)

May 27, 2011

Filing 117 MEMORANDUM OF LAW in Support re: #115 MOTION for Summary Judgment against Marshall Mazyck.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

May 27, 2011

Filing 116 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

May 27, 2011

Filing 115 MOTION for Summary Judgment against Marshall Mazyck. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

May 27, 2011

Filing 114 SEALED DOCUMENT placed in vault.(nm)

May 12, 2011

Filing 113 ORDER The Court is in receipt of Plaintiffs' request of this Court to vacate Magistrate Judge Henry B. Pitman's Order dated April 15, 2011. Judge Pitman denied Plaintiff's request to serve a Second Supplemental Expert Report. At this stage of the proceedings, out of ten expected motions for summary judgment, one motion for summary judgment is already fully submitted, and more are in progress. Plaintiffs have proffered no plausible explanation for requesting yet another bite at the damages apple. Defendants challenge the relevance of the Second Supplemental Expert Report, See Defs.' April 8, 2011 Letter, FN No.1., and also the impact such a Second Supplemental Expert Report will have on the case. The Court affirms Judge Pitman's Order dated April 15, 2011. SO ORDERED. (Signed by Judge Deborah A. Batts on 5/12/11) (jmi)

May 11, 2011

Filing 112 DECLARATION of Frederick Doscher in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

May 4, 2011

Filing 111 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 4/3/11 re: Request that the current briefing schedule for the remaining defendants' summary judgment motions be amended by adding two weeks for the submission of plaintiff's opposition papers and defendants' reply briefs, as set forth in this letter. ENDORSEMENT: The revised schedule is GRANTED. (Signed by Judge Deborah A. Batts on 5/4/11) (cd)

April 29, 2011

Filing 109 CERTIFICATE OF SERVICE of Rule 56.1 Response and Counterstatement, Memorandum of Law, Declaration of Rachel Nicotra, Declaration of Lillian Alvarado served on Stephen A. Fuchs on April 29, 2011. Service was made by Mail. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)

April 29, 2011

Filing 108 AFFIDAVIT OF SERVICE of Reply Declaration of Stephen A. Fuchs in Support of Motion for Summary Judgment, Declaration of James Flanagan in Support of Motion for Summary Judgment, Declaration of Adam Jutze in Support of Defendants' Motion for Summary Judgment, Declaration of Henry Micyk in Support of Defendant's Motion for Summary Judgment, Declaration of Frederick Doscher in Support of Defendants' Motion for Summary Judgment, Declaration of Keyla Hammam in Support of Defendants' Motion for Summary Judgment, Defendants' Reply to Plaintiff's Responses to Defendants' Local Rule 56.1 Statement in Support of Motion for Summary Judgment, Defendants' Reply to Plaintiff's Counterstatement of Facts and Defendants' Reply Memorandum of Law in Support of Summary Judgment served on Norman Siegel, Esq. 260 Madison Avenue, New York, NY 10016; Steven J. Hyman, Esq. Deanna R. Waldron, Esq., Rachel D. Nicotra, Esq., McLauglin & Stern, LLP 260 Madison Avenue New York, NY 10016 on 4/29/11. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 107 REPLY to Response to Motion re: #65 MOTION for Summary Judgment. Defendants Reply to Plaintiff's Responses to Defendants' Statement Pursuant to Local Rule 56.1. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 106 REPLY to Response to Motion re: #65 MOTION for Summary Judgment. Defendant's Reply to Plaintiff's Counterstatement of Material Facts. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 105 REPLY MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 104 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #112) - DECLARATION of Frederick Doscher in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen) Modified on 5/24/2011 (lb).

April 29, 2011

Filing 103 DECLARATION of Henry Micyk in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 102 DECLARATION of Adam Jutze in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 101 DECLARATION of James Flanagan in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 100 DECLARATION of Keyla Hammam in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

April 29, 2011

Filing 99 REPLY AFFIRMATION of Stephen A. Fuchs in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Fuchs, Stephen)

April 29, 2011

Filing 98 DECLARATION of Lillian Alvarado in Opposition re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nicotra, Rachel)

April 29, 2011

Filing 97 DECLARATION of Rachel D. Nicotra in Opposition re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT, #47 Exhibit UU, #48 Exhibit VV, #49 Exhibit WW, #50 Exhibit XX, #51 Exhibit YY, #52 Exhibit ZZ, #53 Exhibit AAA, #54 Exhibit BBB, #55 Exhibit CCC)(Nicotra, Rachel)

April 29, 2011

Filing 96 SEALED DOCUMENT placed in vault.(mps)

April 28, 2011

Filing 110 SEALED DOCUMENT placed in vault.(mps)

April 15, 2011

Filing 95 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 4/8/2011 re: Requesting permission to serve Dr. Killingsworth's supplemental report. ENDORSEMENT: Plaintiff's application to serve a corrected expert report (which plaintiff's characterize as a "supplemental" report) is denied. Because plaintiff has failed to show good cause to serve either a corrected or supplemental expert report and because the relief they seek will necessarily multiply the proceedings, their application is denied. (Signed by Magistrate Judge Henry B. Pitman on 4/15/2011) Copies Sent By Chambers. (jpo) Modified on 4/21/2011 (jpo).

April 12, 2011

Filing 94 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs, dated 4/12/2011, re: This firm represents Defendants in this matter. Defendants' reply in support of its first motion for summary judgment and Plaintiffs' opposition to Defendants' second motion for summary judgment are currently due this Friday, April 15, 2011. Due to volume of work and scheduling difficulties, Defendants request, with the consent of Plaintiffs, the following proposed modification of the existing staggered briefing schedule for the ten summary judgment motions in this matter. ENDORSEMENT: Granted. Dkt No. 93 to be stricken and replaced with this schedule. (Signed by Judge Deborah A. Batts on 4/12/2011) (lnl)

April 11, 2011

Set Deadlines as to #74 MOTION for Summary Judgment: Plaintiffs' Opposition Papers due by 4/29/2011. Defendants' Reply Briefs due by 5/27/2011. (lnl)

April 11, 2011

Set Deadline as to #65 MOTION for Summary Judgment: Defendants' Reply Briefs due by 4/29/2011. (lnl)

April 11, 2011

Set Deadlines as to #86 MOTION for Summary Judgment: Plaintiffs' Opposition Papers due by 6/3/2011. Defendants' Reply Briefs due by 7/1/2011. (lnl)

March 25, 2011

Filing 92 SEALED DOCUMENT placed in vault.(nm)

March 25, 2011

Filing 91 CERTIFICATE OF SERVICE of Notice of Motion of Summary Judgment Against Blake Willett, Declaration of Stephen A. Fuchs in Support with Exhibits 1-46, Declaration of John D'Agostino with Exhibit A, Defendant's Local Rule 56.1 statement and Defendants' Memorandum of Law in Support served on Norman Siegel, Steven J. Hyman. Deanna R. Waldron and Rachel D. Nicotra on 3/25/2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 25, 2011

Filing 90 DECLARATION of John D'Agostino in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

March 25, 2011

Filing 89 DECLARATION of Stephen A. Fuchs in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46)(Fuchs, Stephen)

March 25, 2011

Filing 88 MEMORANDUM OF LAW in Support re: #86 MOTION for Summary Judgment Against Plaintiff Blake Willett.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 25, 2011

Filing 87 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

March 25, 2011

Filing 86 MOTION for Summary Judgment Against Plaintiff Blake Willett. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

March 19, 2011

Filing 84 CERTIFICATE OF SERVICE of Declaration of Rachel Nicotra, Declaration of Kenneth Davis in Opposition to Defendants Summary Judgment Motion Against Davis, Declaration of Blake Willett in Opposition to Defendants Summary Judgment Motion Against Davis, Plaintiffs Response to Defendants Rule 56.1 Statement and Counter-Statement of Material Facts in Dispute, Plaintiffs Memorandum of Law in Opposition to Defendants Summary Judgment Motion Against Davis served on Stephen Fuchs on March 18, 2011. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Nicotra, Rachel)

March 18, 2011

Filing 85 SEALED DOCUMENT placed in vault.(nm)

March 18, 2011

Filing 83 DECLARATION of Blake Willett in Opposition re: #65 MOTION for Summary Judgment.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit A)(Nicotra, Rachel)

March 18, 2011

Filing 82 DECLARATION of Kenneth Davis in Opposition re: #65 MOTION for Summary Judgment.. Document filed by Lilian Alvarado, Marilyn Y. Armstrong, Michael Benjamin, Kenneth Davis, Bryan Henry, Nzingha M. Kellman, Marshall R. Mazyck, Eric Moore, Gordon Urquhart, Blake J. Willett. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Nicotra, Rachel)

February 18, 2011

Filing 81 CERTIFICATE OF SERVICE of Notice of Motion, Declaration of Stephen A. Fuchs, with exhibits 1-35, Declaration of Kathleen Finneran, with Exhibit A, Declaration of Karen Taylor, 56.1 Statement, and Memorandum of Law in Support. served on Norman Siegel,, Steven J. Hyman, Deanna Waldron and Rachel Nicotra on February 18, 2011. Service was made by Mail and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 18, 2011

Filing 80 SEALED DOCUMENT placed in vault.(nm)

February 18, 2011

Filing 79 DECLARATION of Kathleen Finneran in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A)(Fuchs, Stephen)

February 18, 2011

Filing 78 DECLARATION of Karen Taylor in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 18, 2011

Filing 77 DECLARATION of Stephen A. Fuchs in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Fuchs, Stephen)

February 18, 2011

Filing 76 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 18, 2011

Filing 75 MEMORANDUM OF LAW in Support re: #74 MOTION for Summary Judgment Against Lillian Alvarado.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

February 18, 2011

Filing 74 MOTION for Summary Judgment Against Lillian Alvarado. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

January 24, 2011

Filing 73 SEALED DOCUMENT placed in vault.(nm)

January 21, 2011

Filing 72 CERTIFICATE OF SERVICE of Notice of Motion, 56.1 Statement, Memorandum of Law in Support, Declaration of Stephen A. Fuchs with exhibits 1-28, and Declarations of Kim Rehbein, Ernest Pucillo (with exhs. A & B) and Kathleen Finneran (with exhs. A & B) served on Norman Siegel, Steven J. Hyman, Rachel D. Nicotra, and Deanna R. Waldron on January 21, 2011. Service was made by MAIL and ECF. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 21, 2011

Filing 71 DECLARATION of Kathleen Finneran in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)

January 21, 2011

Filing 70 DECLARATION of Ernest Pucillo in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fuchs, Stephen)

January 21, 2011

Filing 69 DECLARATION of Kim Rehbein in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 21, 2011

Filing 68 DECLARATION of Stephen A. Fuchs in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Fuchs, Stephen)

January 21, 2011

Filing 67 RULE 56.1 STATEMENT. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 21, 2011

Filing 66 MEMORANDUM OF LAW in Support re: #65 MOTION for Summary Judgment.. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander. (Fuchs, Stephen)

January 21, 2011

Filing 65 MOTION for Summary Judgment. Document filed by Terrance Culhane, Kevin McConville, Metropolitan Transportation Authority, William Morange, Elliot Sander.(Fuchs, Stephen)

December 9, 2010

Filing 64 ENDORSED LETTER addressed to Judge Deborah A. Batts from Rachel Nicotra dated 12/9/2010 re: Requesting the modification of the motion schedule for the ten motions listed in this letter. ENDORSEMENT: Granted. The motions schedule above is adopted. (Signed by Judge Deborah A. Batts on 12/9/2010) (jpo)

December 6, 2010

Filing 63 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs, dated 12/6/2010, re: This firm represents Defendants in this matter. Defendants' first motion for summary judgment is due to be filed this Friday, December 10, 2010. Defendants write, pursuant to the Clerk of Court's requirements for filing confidential documents under seal, to request the Court's permission to file certain documents designated as confidential during discovery in this matter pursuant to Stipulated Orders for the Production and Exchange of Confidential Information entered by Judge Lynch on November 27, 2007 and December 7, 2007, in connection with Defendants' first summary judgment motion. Defendants anticipate that these documents will consist of earnings records for the Metropolitan Transportation Authority Police Department ("MTA PD") for certain years at issue in the easel as well as personnel records for certain MTA PD members whose history has been challenged by the Plaintiffs. Defendants may add additional documents designated in discovery as confidential by the time of filing. Because the earning records mentioned would be filed in Excel spreadsheets saved on CDs-ROM, the same form in which they were produced to the Plaintiffs, the documents Defendants propose to file under seal are not voluminous. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/06/2010) (lnl)

November 1, 2010

Filing 62 ENDORSED LETTER addressed to Judge Deborah A. Batts from Stephen A. Fuchs dated 10/21/2010 re: The parties in this action jointly submit for the Court's consideration the following proposed staggered briefing schedule for ten summary judgment motion in this matter, as set forth in this letter. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 11/1/2010) (jpo)

October 1, 2010

Filing 61 ENDORSED LETTER addressed to Judge Deborah A. Batts from Norman Siegel dated 9/29/2010 re: Requesting that the date for submission of the demand be extended until October 15, 2010 and that the date for the submission of the motion schedule be extended until October 22, 2010. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 10/1/2010) (jpo)

September 24, 2010

Filing 60 SCHEDULING ORDER. Estimated trial time is 4 weeks. Jury Trial. ENDORSEMENT: 10 SJ motion schedule to be submitted by the parties to the Court for approval by 10/8/10. Parties to have good faith settlement-discussions: Plaintiffs to make a demand by 10/1/10. (Signed by Judge Deborah A. Batts on 9/23/10) (rjm)

July 12, 2010

Filing 59 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 7/7/2010 re: Requesting an extension of the deadline for the completion of expert depositions until August 4, 2010. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 7/12/2010) (jpo)

June 2, 2010

Filing 58 ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Steven J. Hyman dated 5/12/2010 re: Counsel for plaintiffs request that the deadline for the completion of expert depositions in the above listed matter be extended from June 4th to July 9th 2010. ENDORSEMENT: Application Granted. So Ordered., (Signed by Magistrate Judge Henry B. Pitman on 6/1/2010) (js)

June 2, 2010

Filing 57 ENDORSED LETTER: addressed to Magistrate Judge Henry B. Pitman from Steven J. Hyman dated 5/12/2010 re: Counsel for plaintiffs request that the deadline for the completion of expert depositions in the above listed matter be extended from June 4th to July 9th 2010. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 6/1/2010) (js)

May 20, 2010

Filing 56 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven J. Hyman dated 5/12/10 re: counsel requests, with the consent of the defendants, that the status conference be adjourned until after the completion of the expert depositions and at a date and time convenient for the Court. ENDORSEMENT: Granted. Conference rescheduled to July 30, 2010 at 11 am in Courtroom 24B. The Court takes no position on the request before Judge Pitman, as it does not want to interfere with what is before him. (Status Conference set for 7/30/2010 at 11:00 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 5/20/10) (djc) Modified on 5/27/2010 (djc).

April 23, 2010

Filing 55 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 4/12/2010 re: Defendants request an extension of the remaining discovery schedule as follows: -the date by which Defendant must submit letters to Judge Batts requesting a conference prior to moving for summary judgment, currently set for April 16, 2010, shall be extended to April 30, 2010. Defendants' time to produce all materials required by F.R.C.P. 26(a) (2), currently due April 16, 2010, shall be extended to April 30, 2010. Expert depositions, currently required to be competed by May 14, 2010, shall be completed by June 4, 2010. Pursuant to District Judge Batts' March 24, 2010 Order, if this request is granted, the parties will be contacting Judge Batts' chambers to adjourn the May 14, 2010 conference before Judge Batts to a date alter the completion of expert discovery. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Deposition due by 6/4/2010) (Signed by Magistrate Judge Henry B. Pitman on 4/23/2010) (jmi) Modified on 5/3/2010 (jmi).

March 26, 2010

Filing 54 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 3/26/10 re: counsel for defendants request an extension of the remaining expert discovery schedule as follows: defendants' time to produce all materials required by F. R. C.P. 26(a)(2) currently due 4/1/10 shall be extended to 4/16/10; expert depositions shall be completed by 5/14/10. ENDORSEMENT: The schedule set forth herein is approved. (Signed by Magistrate Judge Henry B. Pitman on 3/26/10) (dle)

March 24, 2010

Filing 53 ORDER: Accordingly, the Court has scheduled a conference for May 14, 2010 at 11:00 a.m., which will occur at the end of all discovery. In preparation for the conference, the parties are to confer and be prepared to report on the status of this matter, including if any settlement discussions have been made. In the event any further discovery issue or dispute arises, please contact Magistrate Judge Pitman. In the event Judge Pitman chooses to extend any deadlines, please contact this court for an adjournment date on the scheduled conference. So Ordered (Signed by Judge Deborah A. Batts on 3/24/2010) (js)

March 24, 2010

Set Deadlines/Hearings: Status Conference set for 5/14/2010 at 11:00 AM before Judge Deborah A. Batts. (js)

March 23, 2010

Filing 52 NOTICE OF CASE REASSIGNMENT to Judge Deborah A. Batts. Judge Richard J. Holwell is no longer assigned to the case due to Judge's recusal. (ldi)

March 19, 2010

Filing 51 ENDORSED LETTER addressed to Judge Richard J. Holwell from Norman Siegel dated 3/11/2010 re: Counsel for Plaintiffs request a conference with the Court concerning the fact that Your Honor, while in private practice, represented the MTA and the Long Island Rail Road in Molloy v. Metropolitan Transportation Authority. ENDORSEMENT: A conference will not be necessary. During the late 1970's and into the early 1980's I and my former firm, White & Case, were co-counsel with the NACCAP Legal Defense Fund representing a class of black employees suing the LIRR for discrimination based on race. Given the fact that plaintiffs herein allege discrimination going as far back as 1980, I conclude that I should recuse myself. (Signed by Judge Richard J. Holwell on 3/18/2010) (tro)

March 19, 2010

Transmission to Case Assignment Clerk. Transmitted re: #51 Endorsed Letter, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (tro)

February 16, 2010

Filing 50 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 2/11/2010 re: Requesting a 10 day extension of the expert discovery schedule as follows: Defendants' time to produce all materials required by F.R.C.P. 26(a)(2) currently due by March 22, 2010, shall be extended to April 1, 2010. Expert depositions, currently required to be completed by April 22, 2010, shall be completed by May 3, 2010. Defendants time by which they must submit a letter to Judge Holwell setting forth the basis for any anticipated summary judgment motions, currently due on April 1, 2010 is extended to April 16, 2010. ENDORSEMENT: The schedule proposed herein is approved. (Signed by Magistrate Judge Henry B. Pitman on 2/16/2010) (jpo)

January 22, 2010

Filing 49 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 1/13/2010 re: Counsel request a one-week extension for the submission of plaintiffs' expert report. The new dates for the submission are as follows: Plaintiffs will submit their expert report by January 22, 2010 and defendants will submit their materials by March 22, 2010. The parties will complete the depositions of experts by April 22, 2010. ENDORSEMENT: The scheduled proposed herein is approved. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 1/22/2010) (jfe)

December 29, 2009

Filing 48 SCHEDULING ORDER: Plaintiffs shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than January 15, 2010. Defendants shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than March 15, 2010. Expert depositions shall take place no later than April 15, 2010. Defendants shall submit a letter to Judge Holwell setting forth the basis for any anticipated summary judgment motion or motions no later than April 1, 2010. (Signed by Magistrate Judge Henry B. Pitman on 12/23/2009) (jpo)

December 16, 2009

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 12/16/2009. Revised scheduling order to be submitted by plaintiff. (mro)

December 3, 2009

Filing 47 ORDER that: Defendants' application for a protective order precluding the depositions of Gary Schulz and Kim Rehbein is denied. These depositions shall, however, be presumptively limited to four hours each. Defendants' application for a protective order precluding the depositions of Benjamin Rosario and Dirk Jordan is granted. Given the number of depositions already taken in this case, more than relevance must be shown in order to justify additional depositions.Because the relevance of Jordan and Rosario's testimony is attenuated at best, these depositions are not warranted. To the extent plaintiffs require additional information regarding the nature of Rosario's overtime pay, they may serve five interrogatories seeking clarification of any ambiguity in Rosario's payroll records; the limitations of Local Civil Rule 33.3 are waived with respect to these interrogatories. Given the number of depositions already taken and the late stage in the discovery period, no further deposition notices shall be served unless an extremely critical witness is newly discovered. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 12/3/2009) Copies Transmitted By Chambers.(jmi)

December 2, 2009

Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Telephone Conference held on 12/2/2009. Order to be filed. (tro)

November 19, 2009

Filing 46 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Rachel Nicotra and Norman Siegal dated 11/18/2009 re: We request, on behalf of both parties, that the date to submit letters to the Court regarding difficulties with deposition scheduling be extended until Tuesday November 24th. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Status Report due by 11/24/2009.) (Signed by Magistrate Judge Henry B. Pitman on 11/19/2009) (jmi)

November 5, 2009

Filing 45 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Benson, Craig)

November 5, 2009

Filing 44 NOTICE OF APPEARANCE by Elias Jay Kahn on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Kahn, Elias)

November 5, 2009

Filing 43 ORDER: it is hereby ORDERED that: 1. Plaintiffs shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than December 18, 2009. 2. Defendants shall produce all materials required by Rule 26(a)(2) of the Federal Rules of Civil Procedure no later than February 15, 2010. 3. Expert depositions shall take place no later than March 15, 2010.4. Defendants shall submit their letter to Judge Holwell setting forth the basis for any anticipated summary judgment motion or motions no later than March1, 2010. 5. If the parties require my intervention in scheduling depositions, they are directed to fax a letter to my chambers no later than November 17, 2009setting forth any scheduling problem. So Ordered (Signed by Magistrate Judge Henry B. Pitman on 11/4/09) (js) Modified on 11/5/2009 (js).

October 1, 2009

Filing 42 NOTICE OF CASE REASSIGNMENT to Judge Richard J. Holwell. Judge Gerard E. Lynch is no longer assigned to the case. (ldi)

September 24, 2009

Filing 41 CORRECTED ORDER: By notice of motion dated August 27, 2009 (Docket Item 36), defendants move to compel the testimony of non-party witness Mark Landro. The Court's files indicate that copies of the motion and all supporting papers have been served on Mr. Landro. Since no opposition to the motion has been filed, the motion is granted on default. Mr. Landro is directed to appear for his deposition at the office of Littler Mendelson, P.C., 290 Broad Hollow Road, Melville, New York at 10:00 a.m. on October 14, 2009. Counsel has represented that no members of employees of the MTA will be present other than counsel and, perhaps, the MTA's in-house counsel. This Order supersedes my Order in this matter dated September 18, 2009. (Signed by Magistrate Judge Henry B. Pitman on 9/23/09) Copies Transmitted By Chambers. (tro)

September 21, 2009

Filing 40 ORDER granting #36 Motion to Compel The testimony of non-party witness Mark Landro. Mr.Landro is directed to appear for his deposition at the office of Littler Mendelson PC 290 Broad Hollow Road, Melville, NY at 10:00 am on 10/4/09. (Signed by Magistrate Judge Henry B. Pitman on 9/18/09) Copies sent by chambers(cd)

August 28, 2009

Filing 39 CERTIFICATE OF SERVICE of Notice of Motion, Defendants' Memorandum of Law in Support of Motion to Compel, Declaration of Stephen A. Fuchs in Support with attached exhibits A-L served on Mark Landro on August 27, 2009. Service was made by Mail. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)

August 27, 2009

Filing 38 DECLARATION of Stephen A. Fuchs in Support re: #36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence.. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Fuchs, Stephen)

August 27, 2009

Filing 37 MEMORANDUM OF LAW in Support re: #36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence.. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)

August 27, 2009

Filing 36 MOTION to Compel Compliance with Deposition Subpoena or, in the Alternative, to Exclude Mark Landro and Statements Attributed to Him from Evidence. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane.(Fuchs, Stephen)

July 16, 2009

Filing 35 ENDORSEMENT, although plaintiffs and defendants consent to an Order enforcing the subpoena, they overlook the fact that an interested party, namely Mr. Landro, does not consent and he clearly has a right to be heard. Accordingly, any party wishing to compel Mr. Landro's deposition should make a formal motion to compel the deposition, on notice to Mr. Landro. (Signed by Magistrate Judge Henry B. Pitman on 7/16/09) Copies sent by chambers(cd)

July 7, 2009

Filing 34 ENDORSED LETTER addressed to Magistrate Judge Henry Pitman from Rachel Nicotra and Norman Siegel dated 7/2/09 re: request a two-month extension for the completion of fact discovery. ENDORSEMENT: So ordered. Fact Discovery due by 10/12/2009. (Signed by Magistrate Judge Henry B. Pitman on 7/7/09) (sac)

May 28, 2009

Filing 33 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated May 26, 2009, re: Defendants request an extension of time from June 2, 2009 to and including June 26, 2009 to produce documents responsive to these requests in compliance with the Court's Order. We have contacted Rachel Nicotra, Esq., counsel for Plaintiffs, and Plaintiffs do not object to this requested extension. This is the first extension requested by Defendants in this regard. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Henry B. Pitman on 5/27/2009) (rw)

May 26, 2009

Filing 32 ORDER; I find that the single substantiated charge that has been disclosed to me but not to counsel for the plaintiff is not comparable to any of the charges brought against the plaintiffs that have been substantiated. Accordingly, documents concerning this charge are irrelevant and need not be disclosed. (Signed by Magistrate Judge Henry B. Pitman on 5/22/09) Copies transmitted by Chambers.(pl)

May 15, 2009

Filing 31 ORDER: Plaintiffs' application to compel production of documents in response to Items of 108, 111, 112 and 115 through 119 of their Second Request for the Production of Documents is granted in part. No later than June 2, 2009, defendants are directed to produce documents responsive to these items for the period from May 17, 2000 through May 17, 2003. Plaintiffs' application to compel production of documents in response to Item 134 of their Third Request for the Production of Documents is denied without prejudice to a renewed application. Plaintiffs' application to compel documents concerning the promotions received by their supervisors is denied. No later than May 19, 2009, defendants shall submit to my chambers for in camera review a list of all disciplinary charges filed against the defendants which have been substantiated and the year in which the charges were found to be substantiated. Defendants' application to compel a psychological examination of Nzingha M. Kellman is denied. I have reviewed the deposition excerpts submitted by defendants and conclude that she is seeking damages for "garden variety" mental anguish. Although she did describe her distress as II severe II in her testimony, she did so only in response to a leading question from defense counsel that utilized the term. She does not seem to be asserting any of the symptoms that ordinarily accompany severe depression, such as an inability to work, inability to sleep, loss of interest in family and an impaired ability to perform the activities of daily living. In the absence of a supplemental disclosure from Kellman, Kellman is precluded from offering any expert or medical testimony concerning her claim for mental anguish. She is also precluded from offering any testimony at trial concerning her mental anguish that is substantially different from her deposition testimony. All fact discovery shall be completed no later than August 12, 2009. (Signed by Magistrate Judge Henry B. Pitman on 5/15/09) (tro)

February 13, 2009

Filing 30 MEMO ENDORSEMENT on JOINT AFFIDAVIT REQUESTING EXTENSION OF DISCOVERY: It is respectfully requested that the parties request for a discovery extension be granted, and that the date for the end of fact discovery be extended from February 12, 2009, to May 13, 2009. ENDORSEMENT: Discovery is extended to 5-13-09 (Signed by Magistrate Judge Henry B. Pitman on 2/13/09) (mme)

November 24, 2008

Filing 29 NOTICE OF CHANGE OF ADDRESS by Stephen Andrew Fuchs on behalf of all defendants. New Address: Littler Mendelson, P.C., 900 3rd Avenue, New York, New York, US 10022, 212-583-9600. (Fuchs, Stephen)

September 12, 2008

Filing 28 ORDER Defendants' application to compel Maczyk to submit an examination by a psychiatrist or psychologist is granted. No later than October 6, 2008, plaintiffs' counsel is to advise defendants' counsel whether Maczyk will offer expert testimony concerning plaintiff's claim that he suffered from distonia as a result of defendants' alleged actions. If Maczyk elects to offer such testimony, defendants will also be entitled to have Maczyk entitled by a neurologist. Defendants' application to compel Alvarado, Armstrong and Urquhart to submit a psychological examination is granted in part and denied in part. Defendants' application is granted to the extent that defendants seek to have each of these plaintiffs examined by a by a psychologist or psychiatrist limited to the time period in which each of these plaintiffs consulted with a psychiatrist or psychologist (Signed by Magistrate Judge Henry B. Pitman on 9/12/08) Copies Mailed By Chambers.(mme)

August 18, 2008

Filing 27 MEMORANDUM OF LAW in Opposition re: #21 Memorandum of Law in Opposition,. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Waldron, Deanna)

August 18, 2008

Filing 26 DECLARATION of Rachel Nicotra in Opposition re: #22 Declaration in Opposition,. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Waldron, Deanna)

August 15, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deanna Waldron to RE-FILE Document #24 COUNTER MOTION for Discovery. Use the event type Memorandum of Law in Opposition (non-motion) found under the event list Other Answers. (jar)

August 15, 2008

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Deanna Waldron to RE-FILE Document #25 Declaration in Support of Motion. Use the event type Declaration in Opposition (non-motion) found under the event list Other Answers. (jar)

August 15, 2008

Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Rachel D. Nicotra in Support re: #24 COUNTER MOTION for Discovery (DECLARATION IN OPPOSITION). Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Waldron, Deanna) Modified on 8/18/2008 (jar).

August 15, 2008

Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - COUNTER MOTION for Discovery (MEMORANDUM OF LAW IN OPPOSITION). Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck.(Waldron, Deanna) Modified on 8/18/2008 (jar).

August 15, 2008

Filing 23 AFFIDAVIT OF SERVICE of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Disclosure of Personnel Files; Declaration of Stephen Fuchs in Opposition to Plaintiffs' Motion to Compel Disclosure of Personnel Files served on Norman Siegel, Esq., Steven Hyman, Esq., Deanna Waldron, Esq., Rachel Nicotra, Esq. on July 8, 2008. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)

August 15, 2008

Filing 22 DECLARATION of Stephen A. Fuchs in Opposition re: #21 Memorandum of Law in Opposition,. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Fuchs, Stephen)

August 15, 2008

Filing 21 MEMORANDUM OF LAW in Opposition re: #20 Endorsed Letter, Set Deadlines/Hearings,, #14 Order,,,,,,,, to Plaintiffs' Motion to Compel Disclosure of Personnel Files of Supervisors. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Fuchs, Stephen)

August 12, 2008

Filing 20 ENDORSED LETTER addressed to Henry B. Pitman from Rachel Nicontra dated 8/11/2008 re: Requesting a three day extension so that they may submit their memorandum on August 15, 2008. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Henry B. Pitman on 8/12/2008) (jpo)

August 7, 2008

Filing 19 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 8/1/2008 re: Counsel request a 6 month extension of the close of discovery in this matter from August 12, 2008 to February 12, 2009. ENDORSEMENT: Application Granted. No further extensions except for good cause shown by affidavit. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 8/7/2008) (jfe)

August 7, 2008

Filing 18 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Rachel Nicotra dated 7/18/2008 re: Counsel respectfully request that the date for their opposition to defendant's application to withhold the personal files of supervisors be adjourned for 3 weeks until August 12, 2008. ENDORSEMENT: Application Granted. So Ordered. (Signed by Magistrate Judge Henry B. Pitman on 8/5/2008) (jfe)

June 30, 2008

Filing 17 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen A. Fuchs dated 6/25/08 re: Counsel for Defendants request a short additional extension of time to prepare an accurate submission on the issues listed herein. Defendants request, with the consent of counsel for Plaintiffs, a third brief extension of the deadlines set forth herein for submission by both parties, so that Defendants' application is due 7/8/08, and Plaintiffs' reply to Defendants' submission is due 7/22/08. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 6/27/08) (tro)

June 25, 2008

Filing 16 ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Stephen Fuchs dated 6/16/08 re: counsel for defendants request an extension of the deadlines to produce documents or make an application so that Defendants' application, if any is due 6/27/08 and Plaintiffs' opposition to Defendants' submission also be adjourned to 7/11/08. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on Stephen Fuchs) (dle)

June 11, 2008

Filing 15 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Stephen A. Fuchs dated 6/9/08 re: Counsel requests that the June 11, 2008 deadlines for submissions by both parties be adjourned by eight days, to June 19, 2008, and that the June 25, 2008 deadlines for plaintiffs' opposition to defendants' submission also be extended eight days to July 3, 2008. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Theodore H. Katz on 6/10/08) (mme)

May 15, 2008

Filing 14 ORDER: The deadline for the completion of fact discovery is extended 90 days until 8/12/2008. All other dates set in Judge Lynch's most recent scheduling Order are also extended by 90 days except for ant conferences that are scheduled to take place before Judge Lynch. With respect to plaintiffs' request for the personnel files of putative comparators, defendant's are directed to either: a) produce the disciplinary files, any other documents in the personnel files, the training files, applications for training, applications for transfers, applications for promotion, commendations and documents sufficient to show the education and employment history of each putative comparator no later than 6/4/08, or b) defendants are to make a factual showing by affidavit or otherwise no later than 5/27/2008, if defendants elect this option with respect to any putative comparator, plaintiff shall submit their response no later than 6/11/2008. Plaintiff's counsel is to provide defendants' counsel with a list of the infractions or violations with which each plaintiff was charged and for which the plaintiff believes disproportionate discipline was imposed no later than 5/27/2008. No later than 6/11/2008, defendants are directed to produce and documents in the personnel files of the decision makers/supervisors engaged in or were charged with the same infractions or violations and the disposition of any charges. Defendants may make an application by 6/11/2008 to withhold any documents. Plaintiff shall submit their opposition to ant such application by 6/25/2008. Plaintiffs' application to compel production of additional command rosters is denied. Defendants' application to withhold the documents concerning the involvement of certain of the putative comparators in an assault on a homeless individual in Penn Station is denied. The dispute concerning documents regarding allegations of the use of racial epithet by Sergeant Quinn is moot. (Signed by Magistrate Judge Henry B. Pitman on 5/15/2008) Copies Mailed By Chambers.(tve)

May 15, 2008

Set Deadlines/Hearings: Discovery due by 8/12/2008. (tve)

May 7, 2008

Filing 13 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Gerard E. Lynch on 5/6/2008) (jfe)

December 17, 2007

Filing 12 STIPULATED ORDER FOR THE PROTECTION AND EXCHANGE OF DOCUMENTS COVERED BY NEW YORK CIVIL RIGHTS LAW 50-a...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 12/14/07) (tro)

November 30, 2007

Filing 11 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 11/30/07) (cd)

November 21, 2007

Filing 10 ENDORSED LETTER addressed to Judge Gerard E. Lynch from Stephen A. Fuchs dated 11/20/07 re: a request by the parties for permission to submit their joint progress report on Tuesday, 11/27/2007. ENDORSEMENT: SO ORDERED (Signed by Judge Gerard E. Lynch on 11/21/07) (kco)

September 7, 2007

Filing 9 NOTICE OF APPEARANCE by Keith Jay Rosenblatt on behalf of Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane (Rosenblatt, Keith)

August 16, 2007

Filing 8 ANSWER to Amended Complaint. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. Related document: #7 Amended Complaint,, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman. (Attachments: #1 Declaration of Service)(Fuchs, Stephen)

August 2, 2007

Filing 7 AMENDED COMPLAINT amending #1 Complaint, against Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. Related document: #1 Complaint, filed by Marshall R. Mazyck, Kenneth Davis, Marilyn Y. Armstrong, Gordon Urquhart, Eric Moore, Michael Benjamin, Lilian Alvarado, Blake J. Willett, Bryan Henry, Nzingha M. Kellman.(jco)

August 1, 2007

Filing 6 AFFIDAVIT OF SERVICE of Amended Complaint served on METROPOLITAN TRANSPORTATION AUTHORITY, ELLIOT SANDER, EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICER OF THE MTA, WILLIAM MORANGE, DEPUTY EXECUTIVE DIRECTOR/DIRECTOR OF SECURITY OF THE MTA, KEVIN McCONVILLE, CHIEF OF THE MTA POLICE DEPARTMENT, and TERRANCE CULHANE, ASSISTANT DEPUTY CHIEF OF THE MTA POLICE DEPARTMENT on 8/1/07. Service was made by Mail. Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck. (Hyman, Steven)

July 13, 2007

Filing 5 ANSWER to Complaint. Document filed by Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Attachments: #1 Declaration of Service)(Fuchs, Stephen)

June 5, 2007

Filing 4 CASE MANAGEMENT PLAN: This case is to be tried by a jury. Joinder of Parties due by 8/13/2007. Amended Pleadings due by 8/30/2007. All Fact Discovery due by 5/13/2008. First request for production of documents due by 8/13/2007. Interrogatories pursuant to Local Rule 33.3(a) of the Local Civil Rules of SDNY due by 8/13/2007. Depsoitions due by 5/13/2008. Experts, are to be designated by 1/31/2008 and experts' reports exchange no later thatn 3/31/2008. Requests to Admits due by 4/11/2008. Dispositive Motions due by 7/1/2008. Responses due by 8/1/2008, Replies due by 8/15/2008. Case Management Conference set for 10/12/2007 12:00 PM before Judge Gerard E. Lynch. (Signed by Judge Gerard E. Lynch on 6/5/2007) (jar)

May 25, 2007

Filing 3 STIPULATION AND ORDER that the time for defts to answer the complaint is adjourned from 5/29/07 through 7/13/07. (Signed by Judge Gerard E. Lynch on 5/25/07) (cd)

May 25, 2007

Set Answer Due Date purs. to #3 Stipulation and Order as to Metropolitan Transportation Authority answer due on 7/13/2007; Elliot Sander answer due on 7/13/2007; William Morange answer due on 7/13/2007; Kevin McConville answer due on 7/13/2007; Terrance Culhane answer due on 7/13/2007. (cd)

May 9, 2007

Filing 2 AFFIDAVIT OF SERVICE of Summons and Complaint,. Metropolitan Transportation Authority served on 5/7/2007, answer due 5/28/2007; Elliot Sander served on 5/7/2007, answer due 5/28/2007; William Morange served on 5/7/2007, answer due 5/28/2007; Kevin McConville served on 5/7/2007, answer due 5/28/2007; Terrance Culhane served on 5/7/2007, answer due 5/28/2007. Service was accepted by ANN CUTLER, PARALEGAL. Document filed by Lilian Alvarado; Gordon Urquhart; Blake J. Willett; Bryan Henry; Marilyn Y. Armstrong; Kenneth Davis; Eric Moore; Nzingha M. Kellman; Michael Benjamin; Marshall R. Mazyck. (Hyman, Steven)

May 4, 2007

Filing 1 COMPLAINT against Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (Filing Fee $ 350.00, Receipt Number 613967)Document filed by Lilian Alvarado, Gordon Urquhart, Blake J. Willett, Bryan Henry, Marilyn Y. Armstrong, Kenneth Davis, Eric Moore, Nzingha M. Kellman, Michael Benjamin, Marshall R. Mazyck.(jpo)

May 4, 2007

SUMMONS ISSUED as to Metropolitan Transportation Authority, Elliot Sander, William Morange, Kevin McConville, Terrance Culhane. (jpo)

May 4, 2007

Case Designated ECF. (jpo)

May 4, 2007

Magistrate Judge Henry B. Pitman is so designated. (jpo)

Search for this case: Armstrong et al v. Metropolitan Transportation Authority et al
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Plaintiff: Marilyn Y. Armstrong
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Marshall R. Mazyck
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Lilian Alvarado
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Gordon Urquhart
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Blake J. Willett
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Bryan Henry
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Kenneth Davis
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Eric Moore
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Nzingha M. Kellman
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Plaintiff: Michael Benjamin
Represented By:	Deanna R. Waldron
Represented By:	Norman H Siegel
Represented By:	Rachel Dara Nicotra
Represented By:	Steven J. Hyman
Represented By:	Janet Cohn Neschis
Represented By:	Jonathan Robert Jeremias
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Defendant: Metropolitan Transportation Authority
Represented By:	Craig Robert Benson
Represented By:	Stephen Andrew Fuchs
Represented By:	Elias Jay Kahn
Represented By:	Keith Jay Rosenblatt
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Defendant: Elliot Sander
Represented By:	Craig Robert Benson
Represented By:	Stephen Andrew Fuchs
Represented By:	Elias Jay Kahn
Represented By:	Keith Jay Rosenblatt
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Defendant: William Morange
Represented By:	Craig Robert Benson
Represented By:	Stephen Andrew Fuchs
Represented By:	Elias Jay Kahn
Represented By:	Keith Jay Rosenblatt
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Defendant: Kevin McConville
Represented By:	Craig Robert Benson
Represented By:	Stephen Andrew Fuchs
Represented By:	Elias Jay Kahn
Represented By:	Keith Jay Rosenblatt
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Defendant: Terrance Culhane
Represented By:	Craig Robert Benson
Represented By:	Stephen Andrew Fuchs
Represented By:	Elias Jay Kahn
Represented By:	Keith Jay Rosenblatt
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