Chen v. Major League Baseball Properties, Inc., et al
| John Chen |
| Major League Baseball Properties, Inc. and The Office of the Commissioner of Baseball |
| 1:2013cv05494 |
| August 7, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| John G. Koeltl |
| Fair Labor Standards Act |
| 29 U.S.C. § 201 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 7, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 50
MEMO ENDORSEMENT on re: 49 Letter, filed by Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. ENDORSEMENT: SO ORDERED (Signed by Judge John G. Koeltl on 5/9/2014) (kgo)
|
| Filing 49 LETTER addressed to Judge John G. Koeltl from Seth D. Kaufman, Esq. dated 05/08/2014 re: Withdrawing my Appearance on behalf of Defendant's Major League Baseball Properties, Inc., and The Office of the Commissioner of Baseball. Document filed by Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Kaufman, Seth) |
| Filing 48 NOTICE of Withdrawal. Document filed by Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Kaufman, Seth) |
| Filing 47 NOTICE OF APPEAL from 46 Clerk's Judgment,, 43 Memorandum & Opinion,,,,. Document filed by John Chen. Filing fee $ 505.00, receipt number 0208-9591944. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Swartz, Justin) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 47 Notice of Appeal, filed by John Chen were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 47 Notice of Appeal,. (nd) |
| Filing 46 JUDGMENT: It is ORDERED, ADJUDGED AND DECREED: that for the reasons stated in the Court's Opinion and Order, dated March 26, 2014, Defendants' motion to dismiss the FLSA claims is granted; plaintiff's New York state-law claims are dismissed without prejudice; and plaintiff's motion for collective certification and court-authorized notice is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/31/2014) (Attachments: # 1 Right to Appeal) (tn) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 3/14/14 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...(Rodriguez, Somari) |
| Filing 44 TRANSCRIPT of Proceedings re: ARGUMENT held on 3/14/2014 before Judge John G. Koeltl. Court Reporter/Transcriber: Martha Drevis, (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 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/30/2014.(Rodriguez, Somari) |
|
Filing 43
OPINION AND ORDER 104116 granting 35 MOTION to Dismiss Notice of Defendants' Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint filed by Major League Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., The Office of the Commissioner of Baseball, denying 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice filed by John Chen. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the foregoing reasons, the defendants' motion to dismiss the FLSA claims is granted. The plaintiffs New York state-law claims are dismissed without prejudice. The plaintiffs motion for collective certification and court-authorized notice is denied as moot. The Clerk is directed to close Docket Nos. 2 and 35, to enter judgment, and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 3/25/2014) (ft) Modified on 3/28/2014 (nt).
|
| Transmission to Judgments and Orders Clerk. Transmitted re: 43 Memorandum & Opinion to the Judgments and Orders Clerk. (ft) |
| Filing 42 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion( s), to be held on Friday, March 14, 2014 at 2:30 pm, in Courtroom 12B, in front of the Honorable John G. Koeltl. Oral Argument set for 3/14/2014 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ama) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Bloom, Elise) |
| Filing 40 MEMORANDUM OF LAW in Opposition re: 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint.. Document filed by John Chen. (Swartz, Justin) |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice.. Document filed by John Chen. (Swartz, Justin) |
| Filing 38 DECLARATION of Elise M. Bloom, Esq. in Support re: 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bloom, Elise) |
| Filing 37 FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Elise M. Bloom, Esq. in Support re: 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bloom, Elise) Modified on 12/20/2013 (db). |
| Filing 36 MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Bloom, Elise) |
| Filing 35 MOTION to Dismiss Notice of Defendants'Renewed 12(b)(6) Motion to Dismiss Plaintiff's First Amended Complaint. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
|
Filing 34
ORDER: granting 33 Letter Motion for Extension of Time to Amend. APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 12/9/2013) (djc)
|
| Set/Reset Deadlines: Motions due by 12/20/2013. Responses due by 1/14/2014. Replies due by 2/4/2014. (djc) |
| Filing 33 JOINT LETTER MOTION for Extension of Time to Amend Briefing Schedule for Plaintiff's Motion for Court-Authorized Notice and Defendants' Renewed Motion to Dismiss addressed to Judge John G. Koeltl from Justin M. Swartz dated December 5, 2013. Document filed by John Chen, Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Swartz, Justin) |
| Filing 32 MEMO ENDORSEMENT on re: 31 Letter, filed by Major League Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., The Office of the Commissioner of Baseball. ENDORSEMENT: 1. The pending motion to dismiss is denied without prejudice as moot. 2. The defendants may move to dismiss the amended complaint by Dec. 12, 2013. 3. The Clerk is directed to close docket Nos. 18 and 23., Motions terminated: 18 LETTER MOTION for Conference to request a pre-motion conference in anticipation of filing a motion to dismiss pursuant to FRCP 12(b)(6) addressed to Judge John G. Koeltl from Elise M. Bloom dated 10/1/2013. LETTER MOTION for Conference to request a pre-motion conference in anticipation of filing a motion to dismiss pursuant to FRCP 12(b)(6) addressed to Judge John G. Koeltl from Elise M. Bloom dated 10/1/2013. filed by Major League Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., The Office of the Commissioner of Baseball, 23 MOTION to Dismiss. filed by Major League Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc., The Office of the Commissioner of Baseball., ( Motions due by 12/12/2013.) (Signed by Judge John G. Koeltl on 12/4/2013) (lmb) |
| Filing 31 LETTER addressed to Judge John G. Koeltl from Elise M. Bloom dated 12/3/2013 re: Plaintiff's Request That the Court Deny Defendant's Motion to Dismiss as Moot in Light of Plaintiff's First Amended Complaint. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
| Filing 30 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Friday, December 13,2013 in Courtroom 12B, at 2:30 pm in front of the Honorable John G. Koeltl Pretrial Conference set for 12/13/2013 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (js) |
| Filing 29 FIRST AMENDED COMPLAINT amending 1 Complaint against Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball with JURY DEMAND.Document filed by John Chen. Related document: 1 Complaint filed by John Chen.(ja) |
| Filing 28 LETTER addressed to Judge John G. Koeltl from Justin M. Swartz dated 11/25/2013 re: Plaintiff's Request That the Court Deny Defendant's Motion to Dismiss as Moot in Light of Plaintiff's First Amended Complaint. Document filed by John Chen.(Swartz, Justin) |
| Filing 27 DECLARATION of Marla Miller in Opposition re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Attachments: # 1 Exhibit A)(Bloom, Elise) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice. Defendants' Opposition to Plaintiff's otion for Court Authorized Notice. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bloom, Elise) |
| Filing 25 DECLARATION of Elise M. Bloom Esq. in Support re: 23 MOTION to Dismiss.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bloom, Elise) |
| Filing 24 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Bloom, Elise) |
| Filing 23 MOTION to Dismiss. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
| Filing 22 MEMO ENDORSEMENT on re: 21 Letter, filed by Major League Baseball, Major League Baseball Properties, Inc., Major League Baseball Enterprises, Inc. The Office of the Commissioner of Baseball. APPLICATION GRANTED. ( Motions due by 11/4/2013. Responses due by 11/25/2013, Replies due by 12/16/2013.) (Signed by Judge John G. Koeltl on 10/17/2013) (djc) |
| Filing 21 LETTER addressed to Judge John G. Koeltl from Elise M. Bloom dated October 15, 2013 re: Scheduling. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
| Filing 20 LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Justin M. Swartz dated October 4, 2013 re: 18 LETTER MOTION for Conference to request a pre-motion conference in anticipation of filing a motion to dismiss pursuant to FRCP 12(b)(6) addressed to Judge John G. Koeltl from Elise M. Bloom dated 10/1/2013. LETTER MOTION for Conference to request a pre-motion conference in anticipation of filing a motion to dismiss pursuant to FRCP 12(b)(6) addressed to Judge John G. Koeltl from Elise M. Bloom dated 10/1/2013.. Document filed by John Chen. (Swartz, Justin) |
|
Filing 19
STIPULATION AND PROPOSED ORDER FOR DISMISSAL OF CERTAIN DEFENDANTS AND REVISION OF CAPTION: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff and counsel for Defendants, as follows: (1) all claims presented in the Complaint in the above-entitled action shall be dismissed without prejudice and without costs as to Defendants Major League Baseball and Major League Baseball Enterprises, Inc. (the "Dismissed Defendants"); (2) this stipulation shall not bar Plaintiff from moving to amend the Complaint to add the Dismissed Defendants as parties should Plaintiff choose to do so during or after discovery; Defendants, including the Dismissed Defendants, retain all rights to oppose said motion except for on the grounds set forth in paragraph (4) below;(3) if Plaintiff does elect to add the Dismissed Defendants as parties, (a) the statutes of limitations for all claims against the Dismissed Defendants shall be tolled as of the filing of the original complaint in this matter to the same extent that the original complaint tolled them; (4) this amendment shall not constitute Plaintiff s one amendment as of right pursuant to Fed. R. Civ. P. 15(a)(l); (5) the caption of the above matter will be revised so that Dismissed Defendants are deleted and Major League Baseball Properties, Inc. and The Office of the Commissioner of Baseball d/b/a Major League Baseball are listed as the only defendants. (Signed by Judge John G. Koeltl on 10/2/2013) (djc) Modified on 10/2/2013 (djc).
|
| Filing 18 LETTER MOTION for Conference to request a pre-motion conference in anticipation of filing a motion to dismiss pursuant to FRCP 12(b)(6) addressed to Judge John G. Koeltl from Elise M. Bloom dated 10/1/2013. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
| Filing 17 NOTICE OF APPEARANCE by Seth Diamant Kaufman on behalf of Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Kaufman, Seth) |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. The Office of the Commissioner of Baseball waiver sent on 9/3/2013, answer due 11/4/2013. Document filed by John Chen. (Swartz, Justin) |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. Major League Baseball waiver sent on 9/3/2013, answer due 11/4/2013. Document filed by John Chen. (Swartz, Justin) |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Major League Baseball Enterprises, Inc. waiver sent on 9/3/2013, answer due 11/4/2013. Document filed by John Chen. (Swartz, Justin) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Major League Baseball Properties, Inc. waiver sent on 9/3/2013, answer due 11/4/2013. Document filed by John Chen. (Swartz, Justin) |
| Set/Reset Deadlines: Responses due by 10/31/2013 (djc) |
| Filing 12 STIPULATION EXTENDING TIME: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties, subject to the Court's approval, that Defendants will have until October 31, 2013, or another date set by the Court, to file its opposition to Plaintiff's Motion for Court-Authorized Notice, which was filed on August 15, 2013. (Signed by Judge John G. Koeltl on 9/18/2013) (djc) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Major League Baseball Enterprises, Inc for Major League Baseball Properties, Inc.. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Bloom, Elise) |
|
Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Mark W. Batten to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 9/7/2013) (tro)
|
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Mark W. Batten to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8840718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 9 MOTION for Mark W. Batten to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8840718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball.(Batten, Mark) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Samson Fox on behalf of Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Fox, Joshua) |
| Filing 7 NOTICE OF APPEARANCE by Elise Michelle Bloom on behalf of Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Bloom, Elise) |
| Filing 6 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, October 7, 2013, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. Pretrial Conference set for 10/7/2013 at 04:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Don Fletcher, Courtroom Case Manager, Dated: August 23, 2013. (djc) Modified on 8/23/2013 (djc). |
| Filing 5 DECLARATION of John Chen in Support re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice.. Document filed by John Chen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Swartz, Justin) |
| Filing 4 DECLARATION of Justin M. Swartz in Support re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice.. Document filed by John Chen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Swartz, Justin) |
| Filing 3 MEMORANDUM OF LAW in Support re: 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice.. Document filed by John Chen. (Swartz, Justin) |
| Filing 2 MOTION to Certify Class Notice of Motion for Court-Authorized Notice. Document filed by John Chen.(Swartz, Justin) |
| Filing 1 COMPLAINT against Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Filing Fee $ 350.00, Receipt Number 1073827)Document filed by John Chen.(laq) |
| SUMMONS ISSUED as to Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge Debra C. Freeman is so designated. (laq) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
