Bank of America Corporation v. Empert

Justia Dockets & Filings Second Circuit New York Southern District Bank of America Corporation v. Empert

Bank of America Corporation v. Empert

Plaintiff:	Bank of America Corporation
Defendant:	John P. Empert
Case Number:	1:2009cv04561
Filed:	May 13, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Unassigned
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1332 Diversity-Declaratory Judgement
Jury Demanded By:	None

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Date Filed	Document Text
June 28, 2010	Filing 29 MEMORANDUM OPINION AND ORDER re: 14 MOTION for Summary Judgment filed by Bank of America Corporation. For the foregoing reasons, BAC's motion for summary judgment is granted. The Court hereby declares that the stock options awarded to Defenda nt John P. Emert during his employment with Bank of America, N.A., expired ninety days after his voluntary resignation on or about April 15, 2005; any attempt to exercise the stock options thereafter was untimely; and Bank of America Corporation prop erly terminated Defendant's stock options on or about July 15, 2005. This Memorandum Opinion and Order resolves docket entry no. 14. The Clerk of Court is respectfully requested to enter judgment accordingly and close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/28/2010) (tve)
August 7, 2009	Filing 9 PRETRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties or amendments or joinders as of right, shall be made by September 30, 2009. Discovery due by 11/30/2009. Motions due by 1/8/2010. Final Pretrial Conference set for 3/26/2010 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 8/7/2009) (jpo)

Date Filed

Document Text

June 28, 2010

Filing 29 MEMORANDUM OPINION AND ORDER re: 14 MOTION for Summary Judgment filed by Bank of America Corporation. For the foregoing reasons, BAC's motion for summary judgment is granted. The Court hereby declares that the stock options awarded to Defenda nt John P. Emert during his employment with Bank of America, N.A., expired ninety days after his voluntary resignation on or about April 15, 2005; any attempt to exercise the stock options thereafter was untimely; and Bank of America Corporation prop erly terminated Defendant's stock options on or about July 15, 2005. This Memorandum Opinion and Order resolves docket entry no. 14. The Clerk of Court is respectfully requested to enter judgment accordingly and close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/28/2010) (tve)

August 7, 2009

Filing 9 PRETRIAL SCHEDULING ORDER: All applications to amend pleadings or join parties or amendments or joinders as of right, shall be made by September 30, 2009. Discovery due by 11/30/2009. Motions due by 1/8/2010. Final Pretrial Conference set for 3/26/2010 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 8/7/2009) (jpo)

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Plaintiff: Bank of America Corporation
Represented By:	Steven Yarusinsky
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Defendant: John P. Empert
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