Molchatsky et al v. United States Of America
| Phyllis Molchatsky and Steven Schneider |
| United States Of America |
| 1:2009cv08697 |
| October 14, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| None |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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This docket was last retrieved on January 24, 2012. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 NOTICE OF APPEARANCE by Philip Davis MacWilliams on behalf of United States Of America (MacWilliams, Philip) |
| Filing 49 NOTICE of Withdrawal of Counsel. Document filed by United States Of America. (Ehrlich, Jeffrey) |
| Filing 48 NOTICE OF APPEAL from 46 Opinion & Order, 47 Clerk's Judgment,. Document filed by Phyllis Molchatsky, Steven Schneider. Filing fee $ 455.00, receipt number 465401009579. (nd) |
| Transmission of Notice of Appeal to the District Judge re: 48 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 48 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 5 MOTION to Dismiss for Lack of Jurisdiction. filed by United States Of America, 44 Letter,, filed by United States Of America, 21 Response in Support of Motion filed by United States Of America, 6 Memorandum of Law in Support of Motion filed by United States Of America, 41 Memorandum of Law in Support of Motion filed by Phyllis Molchatsky, Steven Schneider, 3 Order for Initial Pretrial Conference, 43 Letter,, filed by Phyllis Molchatsky, Steven Schneider, 33 Certificate of Service Other, filed by United States Of America, 29 FRCP Rule 5d Memo - Sent to Chambers, 1 Complaint filed by Phyllis Molchatsky, Steven Schneider, 36 Letter filed by Phyllis Molchatsky, Steven Schneider, 4 Affidavit of Service Other filed by Phyllis Molchatsky, Steven Schneider, 46 Memorandum & Opinion, 32 Response to Motion filed by United States Of America, 45 Order on Motion for Conference, 34 Order on Motion to File Amicus Brief, 11 Notice of Change of Address filed by Phyllis Molchatsky, Steven Schneider, 47 Clerk's Judgment, 39 MOTION for Conference as required by Rule 26(f). filed by Phyllis Molchatsky, Steven Schneider, 35 Endorsed Letter, Set Deadlines/Hearings,, 13 Memorandum of Law in Opposition to Motion filed by Phyllis Molchatsky, Steven Schneider, 9 Endorsed Letter, Set Deadlines/Hearings,, 17 Notice (Other) filed by United States Of America, 25 Letter,, filed by Phyllis Molchatsky, Steven Schneider, 27 Endorsed Letter, Set Hearings,, 10 Notice of Appearance filed by Phyllis Molchatsky, Steven Schneider, 7 Notice of Appearance filed by United States Of America, 28 Endorsed Letter,,,, 48 Notice of Appeal filed by Phyllis Molchatsky, Steven Schneider, 26 Letter, filed by Phyllis Molchatsky, Steven Schneider, 15 Endorsed Letter,, 8 Notice of Appearance filed by Phyllis Molchatsky, Steven Schneider, 14 Declaration in Opposition to Motion filed by Phyllis Molchatsky, Steven Schneider, 20 Reply Memorandum of Law in Oppisition to Motion, filed by Phyllis Molchatsky, Steven Schneider, 2 Summons Returned Executed as to USA filed by Phyllis Molchatsky, Steven Schneider, 22 Endorsed Letter, Set Hearings,,,, 40 Declaration in Support of Motion filed by Phyllis Molchatsky, Steven Schneider, 24 Endorsed Letter, 12 Endorsed Letter, Set Motion and R&R Deadlines/Hearings,,,, 30 FRCP Rule 5d Memo - Received from Chambers, 37 Letter, filed by Phyllis Molchatsky, Steven Schneider, 23 Notice of Appearance filed by United States Of America, 19 Endorsed Letter, Set Deadlines/Hearings,,,,,,,, 38 Letter,, filed by Phyllis Molchatsky, Steven Schneider, 31 MOTION to File Amicus Brief., 42 Reply to Response to Motion filed by Phyllis Molchatsky, Steven Schneider, 18 Endorsed Letter, 16 Reply Memorandum of Law in Support of Motion filed by United States Of America were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 47 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 19, 2011, defendant's motion to dismiss the Complaint is granted; accordingly, judgment is entered dismissing the Complaint for lack of subject matter jurisdiction and the case is closed. (Signed by Clerk of Court Ruby Krajick on 4/22/11) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) |
Filing 46
OPINION AND ORDER: #100233 Defendant's motion to dismiss the Complaint is granted. This Opinion and Order resolves docket entry no. 5. The Clerk of Court is respectfully requested to enter judgment dismissing the Complaint for lack of subject matter jurisdiction and close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/19/2011) (lnl) Modified on 4/21/2011 (ajc).
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| Transmission to Judgments and Orders Clerk. Transmitted re: 46 OPINION AND ORDER, to the Judgments and Orders Clerk. (lnl) |
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Filing 45
MEMO ENDORSEMENT ON 39 Motion for Conference. ENDORSEMENT: The within motion is denied, without prejudice to renewal after April 29, 2011. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/24/2011) (lnl)
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| Filing 44 Letter addressed to Judge Laura Taylor Swain from Neil M. Corwin, Sarah S. Normand, dated 2/22/2011, re: We write respectfully on behalf of the United States (the "Government"), defendant in the above-referenced action, seeking leave of the Court to submit this letter in lieu of a formal opposition to plaintiffs' mollon for an order pursuant to Federal Rule of Civil Procedure 16(b), setting a date for a scheduling conference and requiring the parties to confer on a proposed discovery plan. Document filed by United States Of America. (lnl) |
| Filing 43 Letter addressed to Judge Laura Taylor Swain from Howard R. Elisofon, dated 2/23/2011, re: Plaintiffs write to request that the Court issue an order directing the attorneys of record for Defendant United States of America to participate in a conference with Plaintiffs and confer with Plaintiffs in good faith on a proposed discovery plan, as required by Rule 26(f) of the Federal Rules of Civil Procedures, together with such further relief as the Court may deem just and proper. Document filed by Phyllis Molchatsky, Steven Schneider. (lnl) |
| Filing 42 REPLY to Response to Motion re: 39 MOTION for Conference as required by Rule 26(f).. Document filed by Phyllis Molchatsky, Steven Schneider. (Sullivan, Christopher) |
| Filing 41 MEMORANDUM OF LAW in Support re: 39 MOTION for Conference as required by Rule 26(f).. Document filed by Phyllis Molchatsky, Steven Schneider. (Sullivan, Christopher) |
| Filing 40 DECLARATION of Howard Elisofon in Support re: 39 MOTION for Conference as required by Rule 26(f).. Document filed by Phyllis Molchatsky, Steven Schneider. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sullivan, Christopher) |
| Filing 39 MOTION for Conference as required by Rule 26(f). Document filed by Phyllis Molchatsky, Steven Schneider.(Sullivan, Christopher) |
| Filing 38 Letter addressed to Neil Corwin, Esq. from Howard R. Elisofon, dated 2/2/2011, Counsel writes to request that the Government confer with Plaintiffs' counsel regarding the matters set forth in the Court's original Order dated October 20, 2009, in accordance with said Order and Fed. R. Civ. P. 26(f), as soon as practicable and in all events no later than within the next 30 days, so that the Court may issue a scheduling order as required by Fed. R. Civ. P 16(b). Please be advised that we intend to move the Court for such relief in the event that the Government fails to comply with this request. Document filed by Phyllis Molchatsky, Steven Schneider. (lnl) |
| Filing 37 Letter addressed to Mr. Corwin from Howard R. Elisofon dated 2/2/2011 re: Requesting that the Government confer with Plaintiffs' counsel regarding the matters set forth in the Court's original Order dated October 20, 2009, in accordance with said Order and F.R.C.P. 26(f), so that the Court may issue a scheduling order as required by F.R.C.P. 16(b).. Document filed by Phyllis Molchatsky, Steven Schneider.(jpo) |
| Filing 36 Letter addressed to Judge Laura Taylor Swain from Howard R. Elisofon dated 2/2/2011 re: Requesting a pre-motion conference with the Court. Document filed by Phyllis Molchatsky, Steven Schneider.(jpo) |
| Filing 35 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Neil M. Corwin dated 2/2/2011 re: Requesting an adjournment of the initial pre-trial conference presently scheduled for February 17, 2011. ENDORSEMENT: The conferences are adjourned pending resolution of the Molchastsky motion to dismiss and further order of the Court. (Signed by Judge Laura Taylor Swain on 2/2/2011) (jpo) |
| Received returned receipt re: $39.00 (#7924007) check sent via certified mail # 7002 2410 0000 5735 4082 to Burnett H. Radosh at 2533 NE 26 Avenue, Lighthouse Point, FL, 33064 (rmj) |
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Filing 34
ORDER: The motion to file an amicus curiae brief (docket entry no. 31) is granted and the submission will be considered. The Court will also consider the arguments advanced by the Government in its opposition (docket entry no. 32). Briefing on the motion to dismiss is now closed. (Signed by Judge Laura Taylor Swain on 1/25/2011) (jfe)
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| Returned Mail-$39.00 (#7924007) check received by the Pro Se Office on January 14, 2011, returned via certified mail (# 7002 2410 0000 5735 4082) to movant Burnett H. Radosh on January 24, 2011. Check returned because there is no fee for filing a motion. [Doc. #31] (rmj) Modified on 2/2/2011 (rmj). |
| Filing 33 CERTIFICATE OF SERVICE of United States of Americas Response to Burnett H. Radoshs Motion for Leave to File Amicus Curiae Brief (Doc. 32) served on Burnett H. Radosh on January 19, 2011. Service was made by Mail and e-mail. Document filed by United States Of America. (Ehrlich, Jeffrey) |
| Filing 32 RESPONSE to Motion re: 31 MOTION to File Amicus Brief.. Document filed by United States Of America. (Ehrlich, Jeffrey) |
| Filing 31 MOTION to File Amicus Curiae Brief in Opposition to Defendant's Motion to Dismiss and Amicus Curiae Brief. Document filed by Burnett H. Radosh.(rmj) |
| Filing 27 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Neil M. Corwin dated 11/24/2010 re: Counsel seeks adjournments of the initial pre-trial conferences scheduled for 12/10/10 in Molchatsky v. U.S ("Molchatsky") and 12/17/10 in The Litwin Foundation, Inc. v. U.S. ("Litwin"). ENDORSEMENT: The conferences are adjourned to February 17, 2011, at 4:30 p.m. So Ordered. (Signed by Judge Laura Taylor Swain on 11/29/2010) (jfe) |
| Set/Reset Hearings: Initial Conference set for 2/17/2011 at 04:30 PM before Judge Laura Taylor Swain. (jfe) |
| Filing 26 LETTER addressed to Judge Laura Taylor Swain from Neil M. Corwin dated 9/21/2010 re: We write briefly in response to plaintiffs' September 20, 2010 letter opposing the Government's request for an adjournment of the initial pretrial conference scheduled for October 8, 2010. Document filed by Phyllis Molchatsky, Steven Schneider.(jmi) |
| Filing 25 LETTER addressed to Judge Laura Taylor Swain from Howard R. Elisofon dated 9/20/2010 re: This firm represents Plaintiffs in the above-referenced civil action. We write in response to the Government's letter dated September 17, 2010, which requests a fourth adjournment of the initial pre-trial conference in this case to an indefinite date "at least ten days after the Court has resolved the United States' motion to dismiss this case for lack of subject matter jurisdiction." Document filed by Phyllis Molchatsky, Steven Schneider. (jmi) Modified on 9/22/2010 (jmi). |
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Filing 24
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Neil M. Corwin dated 9/17/2010 re: We write respectfully on behalf of the United States, the defendant in the above-referenced action brought pursuant to the Federal Tort Claims Act, to seek an adjournment of the initial pre-trial conference presently scheduled for October 8, 2010. ENDORSEMENT: The conference is adjourned to December 10, 2010, at 10:00 AM. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/17/2010) (jmi)
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| Set/Reset Hearings: Initial Conference set for 12/10/2010 at 10:00 AM before Judge Laura Taylor Swain. (jmi) |
| Filing 23 NOTICE OF APPEARANCE by Neil Matthew Corwin on behalf of United States Of America (Corwin, Neil) |
| Filing 22 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah S. Normand dated 6/22/2010 re: Counsel respectfully request clarification as to whether the conference scheduled for 7/23/2010 will be solely an initial pretrial conference, or whether the Court also intends to hear oral argument on that date regarding the United States motion to dismiss this case for lack of subject matter jurisdiction. ENDORSEMENT: The conference is adjourned to October 8, 2010, at 2:30 p.m. The Court will inform the parties of oral argument will be held. So Ordered. (Signed by Judge Laura Taylor Swain on 6/22/2010) (jfe) |
| Filing 21 RESPONSE in Support re: 5 MOTION to Dismiss for Lack of Jurisdiction. United States of America's Response to Plaintiffs' Surreply. Document filed by United States Of America. (Ehrlich, Jeffrey) |
| Filing 20 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Phyllis Molchatsky, Steven Schneider. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Oleske, John) |
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Filing 28
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah Normand, Neil Corwin and Jeffrey Paul Ehrlich dated 5/6/10 re: The parties have conferred and respectfully propose the following schedule: plaintiffs will file their sur-reply on May 21, 2010, and the Government will file its response on June 11, 2010. Under this proposed schedule, the motion will be fully submitted two weeks prior to the conference presently scheduled for Friday, June 25, 2010. The parties respectfully submit that the most efficient course of action would be to hold the Goldman and Slade Foundation cases in abeyance - including any requirement that the parties submit a Joint Pretrial Statement - pending the Court's resolution of the motion in Molchatsky. ENDORSEMENT: The proposed briefing schedule is approved. The Goldman (10cv2484) and Slade Foundation (10cv2483) are hereby placed on the suspense calendar (with initial pretrial conferences and related requirements adjourned sine die) pending resolution of the Molchatsky motion to dismiss. The Molchatsky conference is adjourned to July 23, 2010, at 11:00 am. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/10/10) (db)
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| Filing 19 ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Sarah S. Normand dated 5/6/2010 re: Accordingly, the parties have conferred and propose the following schedule: plaintiffs will file their sur-reply on May 21, 2010 and the Government will file its response on June 11, 2010. Under this proposed schedule, the motion will be fully submitted two weeks prior to the conference presently scheduled for Friday, June 25, 2010. The parties also request that these cases be held in abeyance pending the Courts resolution of the United States Motion to Dismiss. ENDORSEMENT: The proposed briefing schedule is approved. The Goldman (10 Civ 2484) and Slade Foundation (10 civ 2483) are hereby placed on the suspense calendar (with initial pretrial conferences and related requirements adjourned sine die) pending resolution of the Molchatsky motion to dismiss. The Molchatsky conference is adjourned to July 23, 2010, at 11:00 So Ordered., ( Motions due by 6/25/2010., Responses due by 6/11/2010, Sur-replies due by 5/21/2010., Status Conference set for 7/23/2010 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 5/10/2010) (js) Modified on 6/1/2010 (js). Modified on 12/7/2010 (laq). |
| Filing 18 ENDORSED LETTER addressed to Judge Laura Taylor Swain from John Oleske dated 4/27/10 re: counsel to plaintiff requests leave to submit a sur-reply brief of no more than 35 pages in response to the reply papers and supplemental authority that the Government has submitted in further support of its motion to dismiss. ENDORSEMENT: Plaintiff may file a sur-reply of up to 15 pages; The Government may respond with a sur-reply of up to 15 pages. (Signed by Judge Laura Taylor Swain on 5/4/10) (djc) |
| Filing 17 NOTICE of Supplemental Authority re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by United States Of America. (Attachments: # 1 Supplemental Authority)(Ehrlich, Jeffrey) |
| Filing 16 REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by United States Of America. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3)(Ehrlich, Jeffrey) |
| Filing 15 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah S. Normand dated 4/7/2010 re: Counsel for Defendant the United States of America request an extension of the page limit on the Government's reply memorandum of law in further support of it's motions to dismiss this action for lack of subject matter jurisdiction. In order to respond fully to the arguments in plaintiff's opposition, the Government respectfully requests leave to file a reply brief of up to 35 pages. Plaintiffs' counsel consents to this request. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 4/8/2010) (tro) Modified on 4/12/2010 (tro). |
| Filing 14 DECLARATION of Howard Elisofon in Opposition re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Phyllis Molchatsky, Steven Schneider. (Oleske, John) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Phyllis Molchatsky, Steven Schneider. (Oleske, John) |
| Filing 12 ENDORSED LETTER addressed to Judge Laura Taylor Swain from John Oleska dated 2/8/2010 re: The parties request an extension of the briefing schedule for the motion to dismiss. The parties request that plaintiffs time to oppose the motion by two weeks until 2/26/2010 and to extend the Government's time to submit a reply by 6 weeks until 4/9/2010. Counsel also request permission to file an oversized brief of no more than 45 pages. ENDORSEMENT: The request are granted. So Ordered. (Signed by Judge Laura Taylor Swain on 2/9/2010) (jfe) Modified on 2/22/2010 (jfe). |
| Filing 11 NOTICE OF CHANGE OF ADDRESS by Laura Stacey Perlov on behalf of Phyllis Molchatsky, Steven Schneider. New Address:. (Perlov, Laura) |
| Filing 10 NOTICE OF APPEARANCE by Kerry K. Jardine on behalf of Phyllis Molchatsky, Steven Schneider (Jardine, Kerry) |
| Filing 9 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Sarah Normand dated 12/15/09 re: Request to adjourn the initial pretrial conference and preliminary pre-trial statement requirement. ENDORSEMENT: The conference is adjourned to 6/25/10 at 10 am. ( Initial Conference reset for 6/25/2010 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/16/09) (cd) |
| Filing 8 NOTICE OF APPEARANCE by Laura Stacey Halbreich on behalf of Phyllis Molchatsky, Steven Schneider (Halbreich, Laura) |
| Filing 7 NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Of America (Normand, Sarah) |
| Filing 6 MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by United States Of America. (Ehrlich, Jeffrey) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction. Document filed by United States Of America.(Ehrlich, Jeffrey) |
| Filing 4 AFFIDAVIT OF SERVICE of Initial Conference Order. Service was made by Mail. Document filed by Phyllis Molchatsky, Steven Schneider. (Oleske, John) |
| Filing 3 INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/22/2010 at 02:15 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/20/2009) (jfe) |
| Filing 2 SUMMONS RETURNED EXECUTED Summons and Complaint served. Document filed by Phyllis Molchatsky, Steven Schneider. (Oleske, John) |
| Filing 1 COMPLAINT against United States Of America. (Filing Fee $ 350.00, Receipt Number 702761)Document filed by Phyllis Molchatsky, Steven Schneider. (Attachments: # 1 exhibit A, # 2 Exhibit B thru E)(ama) |
| SUMMONS ISSUED as to United States Of America, U.S. Attorney and U.S. Attorney General. (ama) |
| Case Designated ECF. (ama) |
| Magistrate Judge Andrew J. Peck is so designated. (ama) |
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