Grewal v. Cuneo et al
| Preetpal Grewal |
| Jonathan W. Cuneo, Charles J. LaDuca, Pamela Gilbert, Joel Davidow, Michael J. Flannery, Robert J. Cynkar, Sandra Cuneo, Daniel M. Cohen, Matthew E. Miller and Cuneo Gilbert & LaDuca LLP |
| 1:2013cv06836 |
| September 25, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
329
MEMORANDUM OPINION & ORDER: re: 325 MOTION to Appeal Clerk's Decision on Taxation of Costs re: 321 Taxation of Costs filed by Jonathan W. Cuneo, Cuneo Gilbert & LaDuca LLP, Michael J. Flannery, Pamela Gilbert, Matthew E. Miller, Daniel M. Cohen, Robert J. Cynkar, Sandra Cuneo, Charles J. LaDuca, Joel Davidow. For the foregoing reasons, Defendants' motion regarding the Clerk's taxation of costs is denied. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 325, and to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/26/2020) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing
324
ORDER with respect to 323 Letter Motion for Extension of Time to File. No later than June 26, 2020, Defendants shall provide the Court with the legal authority to support their request to "postpone[]" "all further action" on the Bill of Costs filed in this matter and/or to file any motion pursuant to Fed. R. Civ. P. 54(d)(1) after the 7-day period has elapsed. (Signed by Judge Ronnie Abrams on 6/25/2020) (rj)
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Filing
320
ORDER: The Court accepts Defendant's submissions at Dkts. 311 and 315 together as a properly filed and timely Bill of Costs. See Caravalho v. City of New York, No. 13-CV-4174 (PKC), 2018 WL 5312886, at *2 n.3 (S.D.N.Y. Oct. 26, 2018) (notin g that counting the thirty-day filing for taxation of costs from the date an appellate mandate is entered on the district court's docket sheet... is consistent with precedent in this Circuit); see also Howell v. NYC Leadership Acad., Inc., No . 05 Civ. 8233 (JGK), 2008 WL 5336891, at *3 (S.D.N.Y. Dec. 20, 2008) (concluding that "sound discretion advises against denying the motion for costs or declining to hear it based on the defendant's procedural errors," and thus &quo t;overlook[ing] the moving party's noncompliance with the procedural requirements of Local Rule 54.1"). The Clerk of Court is respectfully directed to tax the Bill of Costs based on Dkts. 311 and 315, and to consider Plaintiffs objectio ns filed at Dkts. 313-314 and 317-319 when doing so. Pursuant to Fed. R. Civ. P. 54(d)(1), either party may appeal the Clerk of Court's taxation of costs within seven days of the Clerk's decision. See Ramos v. City of New York, No. 15 Civ . 6085 (ER), 2019 WL 3254964, at *2 (S.D.N.Y. July 21, 2019) ("If the Clerk of Court taxes costs against a non-prevailing party, that party has seven days to appeal the Clerks decision to the Court."); see also Endo Pharms. Inc. v. Amnea l Pharms., LLC, 331 F.R.D. 575, 578 (S.D.N.Y. 2019) (explaining that, "once the Clerk has [taxed a prevailing party's costs], either party may move for the court to review the Clerks decision on costs," and that upon such a motion, "[a] district court reviews the clerk's taxation of costs by exercising its own discretion to decide the cost question itself"). Defendant shall serve a copy of this Order on Plaintiff and file proof of service on the docket. (Signed by Judge Ronnie Abrams on 6/3/2020) (rj) Transmission to Office of the Clerk of Court for processing.
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Filing
312
ORDER: Accordingly, no later than May 15, 2020, Defendant shall re-file its Bill of Costs in accordance with the Local Rules and the guidelines detailed on the docket. Thereafter, Plaintiff may file her objections. Plaintiff is advised that all c ommunications with the Court must be sent to the Pro Se Intake Unit located at 500 Pearl Street, Room 200, New York, New York 10007, and may not be sent via email to this Court. However, in light of the COVID-19 crisis, parties proceeding pro se a re also encouraged to submit all filings by email to Temporary_Pro_Se_Filing@nysd.uscourts.gov. Defendant shall serve a copy of this Order on Plaintiff and file proof of service on the docket. (Signed by Judge Ronnie Abrams on 5/7/2020) (rj)
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Filing
302
OPINION AND ORDER re: 262 MOTION in Limine . filed by Cuneo Gilbert & LaDuca LLP, 241 FIRST LETTER MOTION to Compel Grewal to sanctions failure to appear addressed to Judge Ronnie Abrams from R. Michael Smith dated 0 8/30/2017. filed by Cuneo Gilbert & LaDuca LLP, 253 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from R. Michael Smith dated October 12, 2017. filed by Cuneo Gilbert & LaDuca LLP. For the reasons listed above, jud gment shall be entered for Defendant and the case shall be dismissed. The Clerk of Court is respectfully directed to mail a copy of this Opinion to Plaintiff, terminate all pending motions, enter judgment for Defendant, and close the case. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/28/2018) (rj) Transmission to Orders and Judgments Clerk for processing. (Additional attachment(s) added on 9/28/2018: # 1 Exhibit 1) (rj). (Main Document 302 replaced on 9/28/2018) (arc).
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Filing
226
OPINION AND ORDER re: 191 MOTION for Summary Judgment of Defendants. filed by Cuneo Gilbert & LaDuca LLP, 221 LETTER MOTION for Oral Argument addressed to Judge Ronnie Abrams from Cuneo, Gilbert & LaDuca, LLP dated Se ptember 29, 2016. filed by Cuneo Gilbert & LaDuca LLP, 220 MOTION to Strike plaintiff's reply briefs, supporting declarations, and rule 56.1 statements. filed by Cuneo Gilbert & LaDuca LLP. Plaintiff Preetpal Grewal brings th is action against her former employer, Cuneo Gilbert & LaDuca LLP ("COL"), asserting claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and hostile work environment on the basis of her national origin. Before the Court are the parties' cross-motions for summary judgment and CGL's motion to strike Grewal's reply briefs and other reply submissions. (As further set forth in this Order.) For the reasons set forth above, Grewal&# 039;s motion for summary judgment is denied; CGL's motion for summary judgment is granted in part and denied in part; and CGL's motion to strike is denied. CGL's motion for oral argument is denied. The Clerk of Court is respectfully directed to close the motions pending at Docket Nos. 191, 195, 220, and 221. A conference is hereby scheduled for April 13, 2017 at 2:00 p.m. in Courtroom 1506 at the United States Courthouse, 40 Foley Square, New York, New York 10007. (Status Conference set for 4/13/2017 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/31/2017) (cf) (Main Document 226 replaced on 3/31/2017) (arc).
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Filing
141
OPINION AND ORDER: Plaintiff's Motion for Reconsideration is denied. Plaintiff's Motion to Strike Defendant's Affirmative Defenses is denied as to the first, second, third, and fifth affirmative defenses, and granted as to the fourth . Plaintiff's Motion to Dismiss Defendant's Counterclaims is granted in its entirety. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 114 and 121. Plaintiff shall have until February 1, 2016 to amend her Complaint in accordance with the July 7 Order. Also by February 1, the parties are to notify the Court if they object to this case being referred to Judge Pitman for a settlement conference. (As further set forth in this Order.) Motions terminated: 121 MOTION to Dismiss. filed by Preetpal Grewal, 114 MOTION for Reconsideration re; 98 Memorandum & Opinion, filed by Preetpal Grewal. (Signed by Judge Ronnie Abrams on 1/25/2016) (cf)
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Filing
106
OPINION AND ORDER: The conference in this matter currently scheduled for July 30, 2015 is hereby cancelled. Instead, consistent with the Order of Reference in this case, see Dkt. 40, the parties are directed to appear before Magistrate Judge Pitman o n Monday, August 3, 2015 at 3:00 p.m. in Courtroom 18A at 500 Pearl Street. SO ORDERED. (Status Conference set for 8/3/2015 at 03:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Judge Ronnie Abrams on 7/28/2015) (ajs)
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Filing
98
OPINION AND ORDER re: 51 MOTION to Dismiss and Motion for partial summary judgment regarding Second Amended Complaint. filed by Jonathan W. Cuneo, Cuneo Gilbert & LaDuca LLP, Michael J. Flannery, Pamela Gilbert, Matthew E. Miller, Da niel M. Cohen, Robert J. Cynkar, Sandra Cuneo, Charles J. LaDuca, Joel Davidow. For the reasons stated, Defendants' motion to dismiss is granted in part and denied in part, as follows: Plaintiff's RICO claims are dismissed, as are her st ate-law claims for breach of fiduciary duty, unjust enrichment, unfair competition, fraudulent inducement, and discriminatory termination under State and City Human Rights Law. Plaintiff's breach of contract, breach of the implied covenant, and hostile work environment claims under State and City Human Rights Law survive. Because none of these remaining claims are properly asserted against Davidow, however, he is dismissed from this action, as are the Cuneo Defendants, and the remaining F lannery Defendants. The Clerk of Court is requested to close the motion pending at Dkt. 51, and to terminate all parties from the case but for Cuneo Gilbert & LaDuca LLP. The Court will hold a status conference in this matter on Thursday, July 30, 20 15 at 10:00 a.m. No later than July 23, 2015, the parties shall submit to the Court a revised case management plan and a joint letter as to the status of discovery. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 7/7/2015) (ajs)
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Filing
96
ORDER for 70 Motion to Strike filed by Preetpal Grewal, 83 Motion to Strike, Motion to Dismiss, filed by Preetpal Grewal, 46 Motion to Dismiss filed by Elizabeth Thomas. On May 20, 2014, Magistrate Judge Pitman issued an Opinion and Orde r denying the motion of Elizabeth Thomas to intervene in this matter. By order dated May 29, 2014, the Court deemed Judge Pitman's Opinion and Order to be a report and recommendation and provided Thomas and the parties with the opportunity to file objections as further set forth in this order. Accordingly, the Court adopts the Opinion and Order in its entirety, save for one minor correction, and denies Thomas's motion to intervene. In addition, as Thomas is not a party to this act ion, her motion to dismiss Plaintiff's complaint is denied, and Plaintiff's motions to strike all papers filed by Thomas and to dismiss Thomas's third-party complaint are denied as moot. As the Court warned in its May 29, 2014 order, the failure to file written objections to the May 20, 2014 Opinion and Order precludes appellate review of this decision. See DeLeon v. Strack, 234 F.3d 84, 86 (2d Cir.2000). The Clerk of Court is respectfully instructed to close the motions pending at Docket Numbers 46, 70, and 83. (Signed by Judge Ronnie Abrams on 7/1/2014) (lmb)
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Filing
93
OPINION AND ORDER re: 45 MOTION to Intervene filed by Elizabeth Thomas, 86 MOTION FOR ENTRY OF FEDERAL RULE OF EVIDENCE 502(d) ORDER filed by Elizabeth Thomas. Accordingly, for all the foregoing reason, the motion of Elizabeth Thomas to intervene in this matter (Docket Item 45) is denied in all respects, without prejudice to Ms. Thomas's right to commence any action she believes is appropriate and consistent with her obligations under Fed.R.Civ.P. 11. In addition, because Thomas is not a party to this action, her motion for a Rule 502 Order (Docket Item 86) is also denied for lack of standing. (Signed by Magistrate Judge Henry B. Pitman on 5/20/2014) Copies Sent By Chambers(cd)
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