Emilio v. Sprint Spectrum L.P.
Petitioner: Vincent Emilio
Respondent: Sprint Spectrum L.P.
Case Number: 1:2011cv03041
Filed: May 4, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Westchester
Presiding Judge: Barbara S. Jones
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: None
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Date Filed Document Text
July 27, 2017 Opinion or Order Filing 351 OPINION AND ORDER: re: 253 MOTION for Summary Judgment Notice of Motion for Defendant's Motion for Summary Judgment filed by Sprint Spectrum L.P., 264 MOTION to Certify Class and for Appointment of Class Counsel filed by Vincent Emi lio, 309 MOTION to Strike Document No. 303 Notice of Motion for Defendant's Motion to Exclude the Damages and Class Opinions of Michael Levine filed by Sprint Spectrum L.P., 334 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Damon W. Suden dated February 3, 2017 filed by Sprint Spectrum L.P., 287 MOTION for Sanctions Plaintiff Vincent Emilio's Motion for Sanctions Based on Sprint's Failure to Preserve Evidence filed by Vincent Emilio, 327 MOTION to Strike Sprint's Expert Rebuttal Report filed by Vincent Emilio. For the foregoing reasons, Sprint's motion for summary judgment is DENIED, and Emilio's motion for class certification is DENIED. As t o the other pending motions in this case discussed above, the motion for adverse inference sanctions against Sprint is DENIED. The motion to strike the expert report of Michael Levine is DENIED. The motion to strike Sprint's rebuttal report by J oseph P. Dooley is also DENIED. The letter motion for a pre-motion conference is DENIED as moot. The Clerk of Court is directed to close the motions at Docket Numbers 253, 264, 287, 309, 327, and 334. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/27/2017) (ama)
July 7, 2016 Opinion or Order Filing 222 OPINION AND ORDER: re: 148 MOTION to Dismiss Plaintiff's Amended Class Action Complaint filed by Sprint Spectrum L.P. For the foregoing reasons, Sprint's motion to dismiss the Amended Complaint is DENIED. The Clerk of Court is directed to close the motion at docket number 148.SO ORDERED. (Signed by Judge J. Paul Oetken on 7/07/2016) (ama)
August 27, 2015 Opinion or Order Filing 140 OPINION AND ORDER re: 90 MOTION to Amend/Correct filed by Vincent Emilio. For the foregoing reasons, it is hereby ordered that Emilio's motion for leave to amend is GRANTED. Emilio shall file the amended complaint on the docket on or before September 8, 2015. The Clerk of the Court is directed to close the motion at docket number 90. (As further set forth in this Order.) (Amended Pleadings due by 9/8/2015.) (Signed by Judge J. Paul Oetken on 8/27/2015) (kko)
December 23, 2014 Opinion or Order Filing 77 OPINION AND ORDER denying 56 Motion to Dismiss. For the foregoing reasons, it is hereby ordered that Sprint's motion to dismiss or to strike class allegations is DENIED. Pursuant to Rule 12(a)(4), Sprint shall answer Emilio's complaint within 14 days of notice of this decision. The Clerk of the Court is directed to terminate the motion at docket number 56. SO ORDERED.(Signed by Judge J. Paul Oetken on 12/23/2014) (ama)
February 11, 2014 Opinion or Order Filing 46 OPINION AND ORDER: re: 41 MOTION to Strike Document No. [32 and 33 Exhibit 3] Notice of Motion to Strike Emilio's Request for Permission to File a Complaint. filed by Sprint Spectrum L.P., 31 MOTION to Confirm Arbitration Award - R enewed. filed by Vincent Emilio, 34 MOTION for an Order to Vacate, in Part, the Arbitrator's Partial Final Award, and for Such and Other Relief. filed by Sprint Spectrum L.P. For the foregoing reasons, it is hereby ordered that: Em ilio's motion to confirm the Award is GRANTED; Sprint's cross-petition to vacate the Award in part is DENIED; Sprint's motion to strike is DENIED; and Emilio is granted leave to file a class action complaint on or before March 11, 2014. The Clerk of Court is directed to terminate the motions at docket numbers 31, 34, and 41.SO ORDERED.(Signed by Judge J. Paul Oetken on 2/11/2014) (ama)
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Petitioner: Vincent Emilio
Represented By: William Robert Weinstein
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Respondent: Sprint Spectrum L.P.
Represented By: Joseph Andrew Boyle
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