Cordell v. The McGraw-Hill Companies, Inc.
| Bob Cordell |
| The McGraw-Hill Companies, Inc. |
| 1:2012cv00637 |
| January 25, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Andrew L Carter |
| Ronald L Ellis |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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| Filing 27 Costs Taxed as to #26 USCA Mandate, USCA Case Number 12-4481-cv.. in the amount of $197.60. Docketed as Judgment #13,1402 on 7/19/2013 in favor of Appellee The McGraw-Hill Companies, Inc. against Appellant Bob Cardell. (nd) |
| Filing 26 MANDATE of USCA (Certified Copy) as to #25 Notice of Appeal, filed by Bob Cordell USCA Case Number 12-4481-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the order is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/7/2013. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #26 USCA Mandate. (tp) |
| Filing 25 NOTICE OF APPEAL from #24 Clerk's Judgment, #23 Memorandum & Opinion,. Document filed by Bob Cordell. Filing fee $ 455.00, receipt number 0208-7955668. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Dumain, Sanford) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #25 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #20 Transcript, #24 Clerk's Judgment, #11 Notice of Appearance filed by The McGraw-Hill Companies, Inc., #18 Memorandum of Law in Opposition to Motion filed by Bob Cordell, #16 Transcript, #7 Notice of Appearance filed by The McGraw-Hill Companies, Inc., #10 Order, Set Hearings, #19 Declaration in Opposition to Motion, filed by Bob Cordell, #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint filed by The McGraw-Hill Companies, Inc., #22 Reply Memorandum of Law in Support of Motion, filed by The McGraw-Hill Companies, Inc., #17 Notice of Filing Transcript, #21 Notice of Filing Transcript, #3 Summons Returned Executed filed by Bob Cordell, #2 Order Referring Case to Magistrate Judge, #25 Notice of Appeal, filed by Bob Cordell, #1 Complaint filed by Bob Cordell, #14 Memorandum of Law in Support of Motion, filed by The McGraw-Hill Companies, Inc., #8 Endorsed Letter, Set Hearings, #4 Endorsed Letter, Set Deadlines, #9 Endorsed Letter, Set Deadlines/Hearings, #23 Memorandum & Opinion, #5 Notice of Appearance filed by The McGraw-Hill Companies, Inc., #6 Notice of Appearance filed by The McGraw-Hill Companies, Inc., #12 Rule 7.1 Corporate Disclosure Statement filed by The McGraw-Hill Companies, Inc., #15 Certificate of Service Other filed by The McGraw-Hill Companies, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 24 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated October 23, 2012, defendant's motion to dismiss the complaint is granted with prejudice. (Signed by Clerk of Court Ruby Krajick on 10/24/12) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml) |
Filing 23
OPINION & ORDER re: #102514 #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint filed by The McGraw-Hill Companies, Inc. For the reasons discussed above, defendant's motion to dismiss the complaint is GRANTED with prejudice. (Signed by Judge Andrew L. Carter, Jr on 10/23/2012) (lmb) Modified on 11/14/2012 (jab).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #23 Memorandum & Opinion to the Judgments and Orders Clerk. (lmb) |
| Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 7/26/2012. Conference adjourned sine dine. (pl) |
| Filing 22 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint.. Document filed by The McGraw-Hill Companies, Inc.. (Attachments: #1 Certificate of Service)(Sheehan, David) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/31/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 20 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/31/2012 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly) |
| Filing 19 DECLARATION of Sanford P. Dumain in Opposition re: #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint.. Document filed by Bob Cordell. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dumain, Sanford) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint.. Document filed by Bob Cordell. (Dumain, Sanford) |
| Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Pretrial Conference held on 5/31/2012. Next status conference set for 7/26/12 at 10 am. (cd) |
| Set/Reset Hearings: Status Conference set for 7/26/2012 at 10:00 AM before Magistrate Judge Ronald L. Ellis. (cd) |
| Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 4/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 16 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/9/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/20/2012.(McGuirk, Kelly) |
| Filing 15 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memorandum of Law in Support of Motion to Dismiss, Rule 7.1 Disclosure Statement. Document filed by The McGraw-Hill Companies, Inc.. (Sheehan, David) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint. The McGraw-Hill Companies, Inc.'s Memorandum of Law in Support of Motion to Dismiss Pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure. Document filed by The McGraw-Hill Companies, Inc.. (Sheehan, David) |
| Filing 13 MOTION to Dismiss The McGraw-Hill Companies, Inc.'s Notice of Motion to Dismiss Plaintiff Bob Cordell's Complaint. Document filed by The McGraw-Hill Companies, Inc..(Sheehan, David) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The McGraw-Hill Companies, Inc..(Sheehan, David) |
| Filing 11 NOTICE OF APPEARANCE by David J. Sheehan on behalf of The McGraw-Hill Companies, Inc. (Sheehan, David) |
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Filing 10
PRETRIAL CONFERENCE ORDER: A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON MAY 31, 2012, AT 10:00 A.M. IN COURTROOM 18D, 5OO PEARL STREET. All counsel must be present. Plaintiffs counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. Additional relief as set forth in this Order. ( Pretrial Conference set for 5/31/2012 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 5/3/2012) (pl) Modified on 5/3/2012 (pl).
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| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 4/9/2012. Remark: Benjamin Y. Kaufman, Gary S. Snitow and Robert I. Lax for Plaintiff(s). Mark I. Bailen and Lan Hoang for Defendant(s). The parties are encouraged to engage in good-faith settlement discussions. The briefing schedule for the discussed motion to dismiss is as follows: (1) moving party should serve its motion on 5/8/12, (2) Opposition should be served on 6/7/12, and (3) if a reply is warranted, the reply should be served on 6/21/12. Status Conference set for 9/10/2012 at 10:00 AM before Judge Andrew L. Carter Jr. (rjm) |
| Filing 9 ENDORSED LETTER addressed to Judge Andrew L Carter from Benjamin Y Kaufman dated 3/22/2012 re: Request to adjourn the premotion conference set for 3/28/2012. ENDORSEMENT: Request granted. The 3/28/12 premotion conference is adjourned to 4/9/12 at 2:00 pm. (Pre-Motion Conference reset for 4/9/2012 at 02:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/23/2012) (cd) |
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Filing 8
ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Bruce W. Sanford dated 3/16/2012 re: Counsel for the defendant writes to request a pre-motion conference in connection with a motion to dismiss that McGraw-Hill seeks to file in response to the Complaint. ENDORSEMENT: A pre-motion conference is scheduled for 3/28/12 at 11:00 a.m. in Courtroom 9A. So Ordered. (Pre-Motion Conference set for 3/28/2012 at 11:00 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/19/2012) (ft)
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| Filing 7 NOTICE OF APPEARANCE by Bruce W Sanford on behalf of The McGraw-Hill Companies, Inc. (Sanford, Bruce) |
| Filing 6 NOTICE OF APPEARANCE by Lan Hoang on behalf of The McGraw-Hill Companies, Inc. (Hoang, Lan) |
| Filing 5 NOTICE OF APPEARANCE by Mark I. Bailen on behalf of The McGraw-Hill Companies, Inc. (Bailen, Mark) |
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Filing 4
ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Bruce W. Sanford dated 2/13/2012 re: Counsel requests an extension until 3/16/2012 to answer or otherwise respond to the Complaint. ENDORSEMENT: SO ORDERED. The McGraw-Hill Companies, Inc. answer due 3/16/2012. (Signed by Magistrate Judge Ronald L. Ellis on 2/16/2012) (tro)
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| Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. The McGraw-Hill Companies, Inc. served on 1/26/2012, answer due 2/16/2012. Service was accepted by Peter J. O'Conor, Paralegal. Document filed by Bob Cordell. (Dumain, Sanford) |
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Filing 2
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 Ronald L. Ellis. (Signed by Judge Andrew L. Carter, Jr on 2/01/2012) (ama) (Main Document 2 replaced on 2/1/2012) (ama).
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| Filing 1 COMPLAINT against The McGraw-Hill Companies, Inc.. (Filing Fee $ 350.00, Receipt Number 465401027949)Document filed by Bob Cordell.(rdz) |
| SUMMONS ISSUED as to The McGraw-Hill Companies, Inc.. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Ronald L. Ellis is so designated. (rdz) |
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