Compunnel Software Group Inc v. Gupta et al
Petitioner: Compunnel Software Group Inc
Respondent: Arvind Gupta, Thomas E. Perez and R. Alexander Acosta
Case Number: 1:2014cv04790
Filed: June 27, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Ronnie Abrams
Referring Judge: James L Cott
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2022 Opinion or Order Filing 262 MANDATE of USCA (Certified Copy) as to #261 Notice of Appeal,,, filed by Arvind Gupta. USCA Case Number 19-1761-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/24/2022..(nd)
January 24, 2022 Opinion or Order Transmission of USCA Mandate to the District Judge re: #262 USCA Mandate,..(nd)
September 12, 2019 Opinion or Order USCA Appeal Fees received $ 505.00 receipt number 465401243971 on 9/12/2019 re: #261 Notice of Appeal, filed by Arvind Gupta. (tp)
September 11, 2019 Opinion or Order FILING ERROR - DEFICIENT DOCKET ENTRY - Appeal Fee Payment: for #261 Notice of Appeal. Filing fee $ 505.00. (Gupta, Arvind) Modified on 9/11/2019 (tp).
June 17, 2019 Opinion or Order Filing 261 NOTICE OF APPEAL from #88 Clerk's Judgment,,,,,,, #103 Order on Motion to Reopen Case, #251 Memorandum & Opinion,, #260 Memorandum & Opinion, #252 Clerk's Judgment,, #86 Memorandum & Opinion,,, #99 Memorandum & Opinion, #224 Order on Motion for Discovery,,. Document filed by Arvind Gupta. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit May 2019 Order Denying Reconsideration, #2 Exhibit September 2018 Judgment, #3 Exhibit September 2018 Opinion, #4 Exhibit January 2018 Order reg. Discovery, #5 Exhibit October 2015 Order, #6 Exhibit April 2015 Order Denying Reconsideration, #7 Exhibit March 2015 Judgment, #8 Exhibit March 2015 Opinion)(Gupta, Arvind)
June 17, 2019 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #261 Notice of Appeal, filed by Arvind Gupta were transmitted to the U.S. Court of Appeals. (tp)
June 17, 2019 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #261 Notice of Appeal. (tp)
May 20, 2019 Opinion or Order Filing 260 MEMORANDUM OPINION & ORDER re: #254 MOTION for Reconsideration re; #251 Memorandum & Opinion, #252 Clerk's Judgment, filed by Arvind Gupta. For the foregoing reasons, Gupta's motion for reconsideration is denied. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 254 and to close this case. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/20/2019) (anc)
April 29, 2019 Opinion or Order Received returned mail re: #252 Clerk's Judgment. Mail was addressed to Arvind Gupta 1-C-271 Orchid Kalpataru Gardens, Phase-2 Ashok Nagar, Kandivali (East) Mumbai, MH 400101 India and was returned for the following reason(s): Return to Sender due to Incomplete Address/Not Found/Wrong Address/Not Known/ Unclaimed/Addressee Left/Refused/Expired. (aea)
November 5, 2018 Opinion or Order Filing 259 REPLY to Response to Motion re: #254 MOTION for Reconsideration re; #251 Memorandum & Opinion,, #252 Clerk's Judgment,, . . Document filed by Arvind Gupta. (Gupta, Arvind)
November 1, 2018 Opinion or Order Filing 258 FIRST MEMORANDUM OF LAW in Opposition re: #254 MOTION for Reconsideration re; #251 Memorandum & Opinion,, #252 Clerk's Judgment,, . . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
October 19, 2018 Opinion or Order Filing 257 ORDER granting #256 Letter Motion for Extension of Time. Application granted. Any opposition to Plaintiff's motion shall be filed no later than November 2, 2018. Motions due by 11/2/2018. (Signed by Judge Ronnie Abrams on 10/19/2018) (mro)
October 18, 2018 Opinion or Order Filing 256 FIRST LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Sanjay Chaubey, Esq. dated 10/18/2018. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
October 10, 2018 Opinion or Order Filing 255 MEMORANDUM OF LAW in Support re: #254 MOTION for Reconsideration re; #251 Memorandum & Opinion,, #252 Clerk's Judgment,, . . Document filed by Arvind Gupta. (Attachments: #1 Certificate of Service)(Gupta, Arvind)
October 10, 2018 Opinion or Order Filing 254 MOTION for Reconsideration re; #251 Memorandum & Opinion,, #252 Clerk's Judgment,, . Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
October 2, 2018 Opinion or Order Filing 253 NOTICE OF CHANGE OF ADDRESS by Arvind Gupta. New Address: Arvind Gupta, 1 PENN PLAZA #6227, NEW YORK, NY, United States 10119, 9176752439. (Gupta, Arvind)
October 2, 2018 Opinion or Order Mailed a copy of #252 Clerk's Judgment, to Arvind Gupta 1-C-271 Orchid Kalpataru Gardens, Phase-2 Ashok Nagar, Kandivali (East) Mumbai, MH 400101 India. (aea)
October 2, 2018 Opinion or Order Mailed a copy of #251 Memorandum & Opinion, to Arvind Gupta 1-C-271 Orchid Kalpataru Gardens, Phase-2 Ashok Nagar, Kandivali (East) Mumbai, MH 400101 India. (aea)
September 30, 2018 Opinion or Order Filing 252 CLERK'S JUDGMENT re: #251 Memorandum & Opinion. in favor of Compunnel Software Group Inc, R. Alexander Acosta against Compunnel Software Group Inc, R. Alexander Acosta. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 30, 2018, the motions for summary judgment of the Secretary and Compunnel are granted; Gupta's motion for partial summary judgment is denied, and judgment is entered for Compunnel and the Secretary; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 09/30/2018) (Attachments: #1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
September 30, 2018 Opinion or Order Filing 251 OPINION AND ORDER re: #227 FIRST MOTION for Summary Judgment requesting dismissal of complaint filed by Compunnel Software Group Inc, #236 MOTION for Summary Judgment Against Arvind Gupta filed by R. Alexander Acosta, #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX) filed by Arvind Gupta, #220 MOTION to Strike Document No. [188, 206] (affirmative defenses) filed by Arvind Gupta. (Signed by Judge Ronnie Abrams on September 30, 2018) The Clerks Office Has Mailed Copies. (arc) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. Modified on 10/1/2018 (arc).
March 1, 2018 Opinion or Order Filing 250 REPLY MEMORANDUM OF LAW in Support re: #236 MOTION for Summary Judgment Against Arvind Gupta. . Document filed by R. Alexander Acosta. (Waterman, Brandon)
February 28, 2018 Opinion or Order Filing 249 FIRST REPLY MEMORANDUM OF LAW in Opposition re: #227 FIRST MOTION for Summary Judgment requesting dismissal of complaint. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
February 26, 2018 Opinion or Order Filing 248 REPLY to Response to Motion re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). . Document filed by Arvind Gupta. (Gupta, Arvind)
February 15, 2018 Opinion or Order Filing 247 MEMORANDUM OF LAW in Opposition re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). . Document filed by R. Alexander Acosta. (Waterman, Brandon)
February 15, 2018 Opinion or Order Filing 246 MEMORANDUM OF LAW in Opposition re: #236 MOTION for Summary Judgment Against Arvind Gupta. . Document filed by Arvind Gupta. (Attachments: #1 Affidavit (Supplemental Declaration of Arvind Gupta), #2 Text of Proposed Order (Denying Sec'y of Labor's Motion for Summary Judgment))(Gupta, Arvind)
February 15, 2018 Opinion or Order Filing 245 COUNTER STATEMENT TO #229 Rule 56.1 Statement. Document filed by Arvind Gupta. (Gupta, Arvind)
February 15, 2018 Opinion or Order Filing 244 DECLARATION of Arvind Gupta in Opposition re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX).. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-69 (Rejecting Settlement))(Gupta, Arvind)
February 15, 2018 Opinion or Order Filing 243 MEMORANDUM OF LAW in Opposition re: #227 FIRST MOTION for Summary Judgment requesting dismissal of complaint. . Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order (Denying Compunnel Motion for Summary Judgment))(Gupta, Arvind)
February 15, 2018 Opinion or Order Filing 242 FIRST MEMORANDUM OF LAW in Opposition re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit Rule 56.1 (b))(Chaubey, Sanjay)
February 15, 2018 Opinion or Order Filing 241 FIRST MEMORANDUM OF LAW in Opposition re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
February 9, 2018 Opinion or Order Filing 240 ORDER granting #239 Letter Motion for Extension of Time to File Response/Reply. Application granted. The revised schedule is approved. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
February 8, 2018 Opinion or Order Filing 239 LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated February 8, 2018. Document filed by Thomas E. Perez.(Waterman, Brandon)
January 16, 2018 Opinion or Order Filing 238 NOTICE of Local Rule 56.2 Notice re: #236 MOTION for Summary Judgment Against Arvind Gupta.. Document filed by R. Alexander Acosta. (Waterman, Brandon)
January 16, 2018 Opinion or Order Filing 237 MEMORANDUM OF LAW in Support re: #236 MOTION for Summary Judgment Against Arvind Gupta. . Document filed by R. Alexander Acosta. (Waterman, Brandon)
January 16, 2018 Opinion or Order Filing 236 MOTION for Summary Judgment Against Arvind Gupta. Document filed by R. Alexander Acosta.(Waterman, Brandon)
January 13, 2018 Opinion or Order Filing 235 CERTIFICATE OF SERVICE of Motion for (Partial) Summary Judgment served on Compunnel, Sec'y of Labor on 1/13/2018. Service was made by E-Mail. Document filed by Arvind Gupta. (Gupta, Arvind)
January 13, 2018 Opinion or Order Filing 234 BRIEF re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). (Counterclaimant Gupta's Statement of Material Facts). Document filed by Arvind Gupta.(Gupta, Arvind)
January 13, 2018 Opinion or Order Filing 233 DECLARATION of Arvind Gupta in Support re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX).. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-69)(Gupta, Arvind)
January 13, 2018 Opinion or Order Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). . Document filed by Arvind Gupta. (Gupta, Arvind)
January 12, 2018 Opinion or Order Filing 231 MOTION for Summary Judgment (Partial Judgment on Count I, II, III, Viii and IX). Document filed by Arvind Gupta. Responses due by 2/12/2018 Return Date set for 2/27/2018 at 12:00 AM. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
January 12, 2018 Opinion or Order Filing 230 DECLARATION of Sanjay Chaubey, Esq. in Support re: #227 FIRST MOTION for Summary Judgment requesting dismissal of complaint.. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5-1, #7 Exhibit 5-2, #8 Exhibit 5-3, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8)(Chaubey, Sanjay)
January 12, 2018 Opinion or Order Filing 229 RULE 56.1 STATEMENT. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
January 12, 2018 Opinion or Order Filing 228 FIRST MEMORANDUM OF LAW in Support re: #227 FIRST MOTION for Summary Judgment requesting dismissal of complaint. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
January 12, 2018 Opinion or Order Filing 227 FIRST MOTION for Summary Judgment requesting dismissal of complaint. Document filed by Compunnel Software Group Inc. Responses due by 2/12/2017(Chaubey, Sanjay)
January 12, 2018 Opinion or Order Filing 226 ORDER granting #225 Letter Motion for Extension of Time to File Summary Judgment Motion. The request is granted and Mr. Gupta may in turn have one extra business day to file his opposition papers to the government's motion. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
January 12, 2018 Opinion or Order Filing 225 LETTER MOTION for Extension of Time to File the Department of Labor's Motion for Summary Judgment addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated January 12, 2018. Document filed by Thomas E. Perez.(Waterman, Brandon)
January 11, 2018 Opinion or Order Filing 224 ORDER denying #219 Letter Motion for Discovery. Gupta is not prejudiced by not receiving responses to the RFAs at this juncture. Seperately on January 8, Gupta moved to strike certain affirmative defenses made by Compunnel and the government (Dkt. Nos. 220-21). Compunnel opposes the motion (Dkt. No. 222). The motion, which is dispositive, will be before Judge Abrams when she considers the anticipated motions for summary judgment to be filed by January 12 (Dkt. No. 199). The Clerk of the Court is respectfully directed to close the motion at docket number 219 and mark it as denied. (Signed by Magistrate Judge James L. Cott on 1/11/2018) (kgo)
January 9, 2018 Opinion or Order Filing 223 LETTER REPLY to Response to Motion addressed to Magistrate Judge James L. Cott from Arvind Gupta dated January 9, 2018 re: #219 LETTER MOTION for Discovery (To admit Compunnel's unanswered 'Request for Admissions') addressed to Magistrate Judge James L. Cott from Arvind Gupta dated January 8, 2018., #220 MOTION to Strike Document No. [188, 206] (affirmative defenses). . Document filed by Arvind Gupta. (Gupta, Arvind)
January 9, 2018 Opinion or Order Filing 222 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James L. Cott from Sanjay Chaubey, Esq. dated 01/09/2018 re: #219 LETTER MOTION for Discovery (To admit Compunnel's unanswered 'Request for Admissions') addressed to Magistrate Judge James L. Cott from Arvind Gupta dated January 8, 2018., #220 MOTION to Strike Document No. [188, 206] (affirmative defenses). . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
January 8, 2018 Opinion or Order Filing 221 MEMORANDUM OF LAW in Support re: #220 MOTION to Strike Document No. [188, 206] (affirmative defenses). . Document filed by Arvind Gupta. (Gupta, Arvind)
January 8, 2018 Opinion or Order Filing 220 MOTION to Strike Document No. [188, 206] (affirmative defenses). Document filed by Arvind Gupta. Responses due by 2/12/2018 (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Gupta, Arvind)
January 8, 2018 Opinion or Order Filing 219 LETTER MOTION for Discovery (To admit Compunnel's unanswered 'Request for Admissions') addressed to Magistrate Judge James L. Cott from Arvind Gupta dated January 8, 2018. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-68 (Unanswered 'Request for Admissions' by Compunnel))(Gupta, Arvind)
January 3, 2018 Opinion or Order Filing 218 ORDER denying without prejudice #217 Letter Motion for Extension of Time. By order dated November 15, 2017 (Dkt. Nos. 199, 200), the Court extended the date for the submission of summary judgment motions to January 12, 2018 and stated that, "absent extraordinary circumstances, there will be no further extensions." The justification for the current request for a further extension - that the pro se plaintiff was not "forthcoming in his responses" at his deposition and failed to provide certain documents - does not constitute "extraordinary circumstances" warranting a further extension. Compunnel Software does not explain how these purported deficiencies in Gupta's deposition testimony will adversely impact its ability to prepare its summary judgment motion papers. Moreover, Compunnel waited until the eve of the deadline for the motion papers to take Gupta's deposition, and is now belatedly seeking an extension due to its frustration with Gupta's conduct. Had it taken the deposition earlier in the discovery period, there might have been an opportunity to address its concerns but at this juncture, it is too late to do so. On the record presented to the Court, there simply is an insufficient basis to grant a further extension. Accordingly, the request is denied without prejudice to renewal but only if Compunnel can articulate, with specificity, how it will be prejudiced in the preparation of its summary judgment papers. Any motion to strike or to preclude evidence can be made as part of its summary judgment motion (or alternatively as a motion in limine before trial if the motion is denied). (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
January 3, 2018 Opinion or Order Filing 217 SECOND LETTER MOTION for Extension of Time to file Motion for Summary Judgment addressed to Magistrate Judge James L. Cott from Sanjay Chaubey, Esq. dated 01/03/2018. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
December 22, 2017 Opinion or Order Filing 216 MEMO ENDORSEMENT on re: #215 Letter filed by Arvind Gupta. ENDORSEMENT: Following the receipt of this letter, the Court convened a telephone conference with Mr. Gupta and Mr. Chaubey yesterday and was able to resolve all of the issues identified in this letter. Therefore any reconsideration of the Court's prior Order is unnecessary. (Signed by Magistrate Judge James L. Cott on 12/22/2017) (kgo)
December 21, 2017 Opinion or Order Filing 215 LETTER addressed to Magistrate Judge James L. Cott from Arvind Gupta dated December 21, 2017 re: Letter to Reconsider prepayment of Deposition Costs. Document filed by Arvind Gupta.(Gupta, Arvind)
December 21, 2017 Opinion or Order Filing 214 ORDER denying #213 Letter Motion for Discovery. The record before the Court does not justify the relief that Gupta seeks, and in particular, Gupta has not presented any basis for his purported "safety and security concerns." Accordingly, the Court hereby orders the following herein. Finally, in his letter, Gupta appears to repeat a request he made during the December 19 teleconference for appointment of counsel. As discussed during the conference and as memorialized in yesterday's order, Gupta's application is denied. (As further set forth herein.) (Signed by Magistrate Judge James L. Cott on 12/21/2017) (kgo) Modified on 12/21/2017 (kgo).
December 20, 2017 Opinion or Order Filing 213 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST LETTER MOTION for Discovery Deposition addressed to Magistrate Judge James L. Cott from Compunnel Software Group Inc dated 12/20/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay) Modified on 1/31/2018 (ldi).
December 20, 2017 Opinion or Order Filing 212 EMERGENCY LETTER addressed to Magistrate Judge James L. Cott from Arvind Gupta dated December 20, 2017 re: Pre-payment of Deposition Costs by Compunnel. Document filed by Arvind Gupta.(Gupta, Arvind)
December 20, 2017 Opinion or Order Filing 211 ORDER granting #203 Letter Motion for Discovery; granting #204 Letter Motion for Discovery. For the reasons set forth on the record, Gupta's request that he be permitted to engage in discovery against the government in the form of requests for admissions is denied. Additionally, the parties agreed and the Court ordered that a deposition of Gupta will occur on December 26, 2017, in New York City. The deposition is to last for no more than three hours and Gupta's travel expenses as well as a per diem are to be paid by Compunnel. The Clerk of the Court is respectfully directed to terminate Docket Numbers 203 and 204, and to amend the caption in the case in accordance with footnote one. (As further set forth herein.) (Signed by Magistrate Judge James L. Cott on 12/20/2017) (kgo)
December 20, 2017 Opinion or Order Set/Reset Deadlines: Deposition due by 12/26/2017. (kgo)
December 19, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 12/19/2017. (Tam, David)
December 14, 2017 Opinion or Order Filing 210 ORDER granting #208 Letter Motion to Adjourn Conference. The telephone conference is rescheduled for Tuesday December 19 at 4 p.m. The government is directed to provide the parties and the Court with a call-in number in advance of the conference. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
December 13, 2017 Opinion or Order Filing 209 LETTER addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated December 13, 2017 re: The government's response and opposition to Gupta's request for discovery against the government (ECF No. 203). Document filed by Thomas E. Perez. (Attachments: #1 Gupta's Requests for Admission)(Waterman, Brandon)
December 13, 2017 Opinion or Order Filing 208 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated December 13, 2017. Document filed by Thomas E. Perez.(Waterman, Brandon)
December 12, 2017 Opinion or Order Filing 207 LETTER addressed to Magistrate Judge James L. Cott from Arvind Gupta dated December 12, 2017 re: Response to Compunnel's Discovery Dispute. Document filed by Arvind Gupta.(Gupta, Arvind)
December 11, 2017 Opinion or Order Filing 206 ANSWER to #146 Counterclaim. Document filed by Thomas E. Perez.(Waterman, Brandon)
December 11, 2017 Opinion or Order Filing 205 ORDER taking under advisement #203 Letter Motion for Discovery. The Court will hold a telephone conference on Friday December 15 at 11 a.m. to address the outstanding discovery issues raised by Gupta and Compunnel. The Government is directed to respond to Gupta's letter by December 13. Gupta should submit any response to Compunnel's letter by December 13 as well. The parties should provide a call-in number to the Court for the telephone conference, or alternatively should call chambers at (212) 805-0250 with all parties on the line at 11 a.m. on December 15. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
December 8, 2017 Opinion or Order Filing 204 FIRST LETTER MOTION for Discovery Dispute addressed to Magistrate Judge James L. Cott from Compunnel Software Group Inc dated 12/8/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
December 5, 2017 Opinion or Order Filing 203 LETTER MOTION for Discovery ('Request for Admissions' by Government Respondent (U. S. Secretary of Labor) addressed to Magistrate Judge James L. Cott from Arvind Gupta dated December 5, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
November 17, 2017 Opinion or Order Filing 202 LETTER addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated November 17, 2017 re: Filing of the Complete Administrative Record. Document filed by Thomas E. Perez. (Attachments: #1 Table of Contents, #2 AR Part 1 of 9, #3 AR Part 2 of 9, #4 AR Part 3 of 9, #5 AR Part 4 of 9, #6 AR Part 5 of 9, #7 AR Part 6 of 9, #8 AR Part 7 of 9, #9 AR Part 8 of 9, #10 AR Part 9 of 9)(Waterman, Brandon)
November 15, 2017 Opinion or Order Filing 201 ORDER denying as moot #196 Letter Motion for Extension of Time. The Court has addressed the relief requested herein in its prior text orders modifying the schedule and the parties are directed thereto for the new schedule. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
November 15, 2017 Opinion or Order Filing 200 ORDER granting #197 Letter Motion for Extension of Time. The request of the parties is granted and the discovery schedule and motion practice schedule is modified as follows: All discovery must be completed by December 11, 2017. All motions for summary judgment must be filed by January 12, 2018; all opposition papers must be filed by February 12, 2018; and any reply papers must be filed by February 26, 2017. Absent extraordinary circumstances, there will be no further extensions. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
November 15, 2017 Opinion or Order Filing 199 ORDER granting #198 Letter Motion for Extension of Time. The request of the parties is granted and the discovery schedule and motion practice schedule is modified as follows: All discovery must be completed by December 11, 2017. All motions for summary judgment must be filed by January 12, 2018; all opposition papers must be filed by February 12, 2018; and any reply papers must be filed by February 26, 2017. Absent extraordinary circumstances, there will be no further extensions. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
November 14, 2017 Opinion or Order Filing 198 FIRST LETTER MOTION for Extension of Time to file motion for Summary Judgment addressed to Magistrate Judge James L. Cott from Compunnel dated 11/14/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
November 10, 2017 Opinion or Order Filing 197 AMENDED LETTER MOTION for Extension of Time to complete Discovery addressed to Magistrate Judge James L. Cott from Arvind Gupta dated November 10, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
November 9, 2017 Opinion or Order Filing 196 LETTER MOTION for Extension of Time to complete Discovery addressed to Magistrate Judge James L. Cott from Arvind Gupta dated November 9, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
October 30, 2017 Opinion or Order Filing 195 ORDER granting #194 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
October 27, 2017 Opinion or Order Filing 194 LETTER MOTION for Extension of Time to File Supplemental Record addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated October 27, 2017. Document filed by Thomas E. Perez.(Waterman, Brandon)
October 25, 2017 Opinion or Order Filing 193 ORDER. The Court hereby grants Gupta's motion and orders the government to supplement the record so that it includes the materials that were considered by the ALJ. The administrative record itself provides sufficient evidence for the Court to grant the motion, and as further set forth in this Order. The government respondent is hereby ordered to supplement the administrative record by November 3, 2017 so as to ensure that the record includes all of the materials that were considered by the ALJ as well as the entirety of the ARB's decision. The Clerk is directed to close Docket Number 190. SO ORDERED. Granting #190 LETTER MOTION for Extension of Time to File Answer by Sec'y of Labor (Date Correction)) addressed to Magistrate Judge James L. Cott from Arvind Gupta dated October 11, 2017. Document filed by Arvind Gupta. (Signed by Magistrate Judge James L. Cott on 10/25/2017) (rjm)
October 18, 2017 Opinion or Order Filing 192 COUNTER LETTER addressed to Magistrate Judge James L. Cott from Arvind Gupta dated October 18, 2017 re: Final agency decision for administrative record. Document filed by Arvind Gupta.(Gupta, Arvind)
October 13, 2017 Opinion or Order Filing 191 LETTER addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated October 13, 2017 re: The government's response to the Court's order dated October 10, 2017 (Doc. 189), concerning the completeness of the administrative record. Document filed by Thomas E. Perez.(Waterman, Brandon)
October 11, 2017 Opinion or Order Filing 190 LETTER MOTION for Extension of Time to File Answer by Sec'y of Labor (Date Correction)) addressed to Magistrate Judge James L. Cott from Arvind Gupta dated October 11, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
October 10, 2017 Opinion or Order Filing 189 ORDER: Discovery between petitioner/counter-respondent Compunnel and pro se respondent/counter-petitioner Gupta shall be concluded by November 10, 2017. By October 13, 2017, the government respondent shall file a letter confirming that the administrative record filed on March 31, 2017 (Dkt. No. 159) includes all documents that were before the administrative law judge who approved the settlement agreement, or, in the alternative, shall supplement the administrative record so that it is complete. By December 11, 2017, the government respondent shall file an answer to Gupta's Fourth Amended Petition for Review. All moving parties shall file their motion papers by December 11, 2017. Responses to the motions should be filed by January 11, 2018. Any replies will be due by January 25, 2018. Motions due by 12/11/2017. Responses due by 1/11/2018 Replies due by 1/25/2018. Discovery due by 11/10/2017. Thomas E. Perez answer due 12/11/2017. (Signed by Magistrate Judge James L. Cott on 10/10/2017) (kgo)
October 10, 2017 Opinion or Order Set/Reset Deadlines: Thomas E. Perez answer due 12/11/2017. (kgo)
October 6, 2017 Opinion or Order Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 10/6/2017. (Tam, David)
October 5, 2017 Opinion or Order Filing 188 ANSWER to #146 Counterclaim. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
September 28, 2017 Opinion or Order Filing 187 SECOND LETTER addressed to Magistrate Judge James L. Cott from Compunnel Software Group Inc. dated 09/28/2017 re: Discovery. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
September 28, 2017 Opinion or Order Filing 186 COUNTER LETTER addressed to Magistrate Judge James L. Cott from Arvind Gupta dated September 28, 2017 re: Letter-Reply to Sec'y of Labor's response to Discovery. Document filed by Arvind Gupta.(Gupta, Arvind)
September 26, 2017 Opinion or Order Filing 185 ORDER granting #184 Letter Motion to Adjourn Conference. The conference is rescheduled for October 6 at 2:30 p.m. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
September 26, 2017 Opinion or Order Filing 184 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated September 26, 2017. Document filed by Thomas E. Perez.(Waterman, Brandon)
September 21, 2017 Opinion or Order Filing 183 ORDER granting #181 Letter Motion for Extension of Time to Answer. The application is granted and Compunnel is given an extension of time until October 6, 2017 to file its opposition to the Fourth Amended Petition for Review. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
September 21, 2017 Opinion or Order Filing 182 LETTER addressed to Magistrate Judge James L. Cott from Brandon M. Waterman dated September 21, 2017 re: The government's response to the Court's Order of September 18, 2017 (Doc. No. 178). Document filed by Thomas E. Perez.(Waterman, Brandon)
September 20, 2017 Opinion or Order Filing 181 FIRST LETTER MOTION for Extension of Time to File Answer response to fourth amended petition for review addressed to Magistrate Judge James L. Cott from Sanjay Chaubey, Esq. dated 09/20/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
September 20, 2017 Opinion or Order Filing 180 ORDER terminating #179 Letter Motion for Extension of Time to Answer re #179 FIRST LETTER MOTION for Extension of Time to File Answer to fourth amended petition addressed to Judge Ronnie Abrams from Sanjay Chaubey, Esq. dated 09/19/2017. Because this case has been referred to Magistrate Judge Cott for general pre-trial supervision, all scheduling requests must be addressed to Judge Cott. (Signed by Judge Ronnie Abrams on 9/20/2017) (rj)
September 19, 2017 Opinion or Order Filing 179 FIRST LETTER MOTION for Extension of Time to File Answer to fourth ammended pettition addressed to Judge Ronnie Abrams from Sanjay Chaubey, Esq. dated 09/19/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
September 18, 2017 Opinion or Order Filing 178 ORDER: By Order of Reference dated September 8, 2017 (Dkt. No. 177), this case was referred to me for general pre-trial supervision. The government respondent has not, to date, filed any response to Judge Abrams September 1 Order (Dkt. No. 174). The government respondent is hereby directed to respond by September 22 to Judge Abrams' Order, as well as to letters filed by petitioner (Dkt. No. 175) and pro se respondent (Dkt. No. 176), and in so doing, to summarize the posture of the case. The Court will hold a telephone conference on October 2 at 2:30 p.m. The parties should call chambers at (212) 805-0250 with all counsel on the line, or alternatively provide a call-in number to the Court. (Telephone Conference set for 10/2/2017 at 02:30 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 9/18/2017) (mml)
September 8, 2017 Opinion or Order Filing 177 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 James L. Cott. (Signed by Judge Ronnie Abrams on 9/8/2017) (mro)
September 7, 2017 Opinion or Order Filing 176 FIRST LETTER addressed to Judge Ronnie Abrams from Compunnel Software dated 09/07/2017 re: Letter Regarding Discovery. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
September 4, 2017 Opinion or Order Filing 175 LETTER addressed to Judge Ronnie Abrams from Arvind Gupta dated September 4, 2017 re: Discovery prior to summary judgment motion practice. Document filed by Arvind Gupta.(Gupta, Arvind)
September 1, 2017 Opinion or Order Filing 174 ORDER denying as moot #149 Motion to Dismiss; denying as moot #164 Motion to Dismiss. Accordingly, this Court will not convert Compunnel's motion into one for summary judgment before "afford[ing] all parties the opportunity to present supporting material," Fonte, 848 F.2d at 25, including "an opportunity to take relevant discovery," Hernandez, 582 F.3d at 309, if appropriate. No later than September 7, 2017, the parties shall notify the Court whether they seek discovery prior to summary judgment motion practice and the basis for the appropriateness of such discovery. In light of the forgoing, Compunnel's motion to dismiss is denied as moot. The Clerk of Court is respectfully directed to close the motions pending at docket numbers 149 and 164. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/1/2017) (anc)
July 28, 2017 Opinion or Order Filing 173 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas E. Perez. (Waterman, Brandon)
May 26, 2017 Opinion or Order Filing 172 FIRST REPLY MEMORANDUM OF LAW in Support re: #164 FIRST MOTION to Dismiss Fourth Ammended Counterclaim. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
May 16, 2017 Opinion or Order Filing 171 ORDER: granting #169 Letter Motion for Extension of Time to File Reply. Application granted. (Signed by Judge Ronnie Abrams on 5/16/2017) (ap)
May 15, 2017 Opinion or Order Filing 170 LETTER addressed to Judge Ronnie Abrams from Shane Cargo dated 5/15/2017 re: Court's order of 4/10/2017 (ECF 163). Document filed by Thomas E. Perez.(Cargo, Shane)
May 15, 2017 Opinion or Order Filing 169 FIRST LETTER MOTION for Extension of Time to File Reply Memorandum addressed to Judge Ronnie Abrams from Compunel Software Group Inc. dated 05/15/2017. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
May 8, 2017 Opinion or Order Filing 168 MEMORANDUM OF LAW in Opposition re: #164 FIRST MOTION to Dismiss Fourth Ammended Counterclaim. . Document filed by Arvind Gupta. (Attachments: #1 (Declaration of Arvind Gupta in Opposition), #2 (Response in Opposition to Compunnel's Statement of Material Facts), #3 Text of Proposed Order (Denying Compunnel's Motion to Dismiss))(Gupta, Arvind)
April 27, 2017 Opinion or Order Filing 167 RULE 56.1 STATEMENT. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
April 27, 2017 Opinion or Order Filing 166 DECLARATION of SANJAY CHAUBEY, ESQ in Support re: #164 FIRST MOTION to Dismiss Fourth Ammended Counterclaim.. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Chaubey, Sanjay)
April 27, 2017 Opinion or Order Filing 165 FIRST MEMORANDUM OF LAW in Support re: #164 FIRST MOTION to Dismiss Fourth Ammended Counterclaim. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
April 27, 2017 Opinion or Order Filing 164 FIRST MOTION to Dismiss Fourth Ammended Counterclaim. Document filed by Compunnel Software Group Inc. Responses due by 5/15/2017(Chaubey, Sanjay)
April 10, 2017 Opinion or Order Filing 163 ORDER: It is hereby ordered that the stay is lifted. Any motion to dismiss shall be filed no later than May 1, 2017. Any opposition to the motion to dismiss shall be filed no later than May 15, 2017 and a reply, if any, shall be filed no later than May 22, 2017. The United States Department of Labor is ordered to advise the Court of its position no later than May 15, 2017. (As further set forth in this Order.) ( Motions due by 5/1/2017., Responses due by 5/15/2017, Replies due by 5/22/2017.) (Signed by Judge Ronnie Abrams on 4/10/2017) (cf)
April 7, 2017 Opinion or Order Filing 162 LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Arvind Gupta dated April 7, 2017 re: #160 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from Arvind Gupta dated April 4, 2017. . Document filed by Arvind Gupta. (Gupta, Arvind)
April 5, 2017 Opinion or Order Filing 161 LETTER RESPONSE in Opposition to Motion addressed to Judge Ronnie Abrams from Compunnel Software Group Inc. dated 04/05/2017 re: #160 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from Arvind Gupta dated April 4, 2017. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
April 4, 2017 Opinion or Order Filing 160 LETTER MOTION for Conference addressed to Judge Ronnie Abrams from Arvind Gupta dated April 4, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
March 31, 2017 Opinion or Order Filing 159 NOTICE of Filing of Administrative Record re: #158 Order on Motion to Compel,,. Document filed by Thomas E. Perez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Cargo, Shane)
March 24, 2017 Opinion or Order Filing 158 ORDER granting #157 Letter Motion to Compel. On February 28, 2017 the Court ordered the Department of Labor to file a copy of the official administrative record in this case. Dkt. 156; see 20 C.F.R. 655.850. It has not yet done so. It is hereby ordered that no later than March 31, 2017, the Department of Labor shall either file the administrative record or submit a letter informing the Court of when the administrative record will be filed and the reason for delay. (Signed by Judge Ronnie Abrams on 3/24/2017) (cf)
March 24, 2017 Opinion or Order Filing 157 LETTER MOTION to Compel Secretary of Labor to file administrative record addressed to Judge Ronnie Abrams from Arvind Gupta dated March 24, 2017. Document filed by Arvind Gupta.(Gupta, Arvind)
February 28, 2017 Opinion or Order Filing 156 ORDER granting #148 Letter Motion to Stay; denying without prejudice #153 Letter Motion to Stay. It is hereby ORDERED that the Department of Labor shall file a copy of the official administrative record. See 20 C.F.R. 655.850. Gupta's motion for a stay of the briefing on Compunnel's Motion to Dismiss pending such filing is thus granted. Gupta's Motion "(ii) for an Order for Compunnel's compliance with its liability under 'INA' per ARB Decision (May 29, 2014), and, payment of interest on back wages paid by Compunnel per WHD Determination" is denied without prejudice. (As further set forth in this Order.) The Clerk of the Court is respectfully requested to close the motions pending at Docket Numbers 148 and 153. (Signed by Judge Ronnie Abrams on 2/28/2017) (cf)
January 30, 2017 Opinion or Order Filing 155 LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/30/17 re: #153 LETTER MOTION to Stay re: #148 LETTER MOTION to Stay re: #147 FIRST MOTION to Dismiss Fourth Amended Complaint. addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/23/17., #149 AMENDED MOTION to Dismiss Four, #148 LETTER MOTION to Stay re: #147 FIRST MOTION to Dismiss Fourth Amended Complaint. addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/23/17. . Document filed by Arvind Gupta. (Gupta, Arvind)
January 26, 2017 Opinion or Order Filing 154 LETTER addressed to Judge Ronnie Abrams from Sanjay Chaubey, Esq. dated 01/26/2017 re: Respondent's letter motion dated 01/24/2017 (ECF Docket No. 153). Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
January 26, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Sanjay Chaubey to RE-FILE Document #147 FIRST MOTION to Dismiss Fourth Amended Complaint. ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Rule 56.1 Statement is found under Other Answers). (db)
January 24, 2017 Opinion or Order Filing 153 LETTER MOTION to Stay re: #148 LETTER MOTION to Stay re: #147 FIRST MOTION to Dismiss Fourth Amended Complaint. addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/23/17., #149 AMENDED MOTION to Dismiss Fourth Amended Complaint. addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/24/17. Document filed by Arvind Gupta.(Gupta, Arvind)
January 24, 2017 Opinion or Order Filing 152 RULE 56.1 STATEMENT. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
January 24, 2017 Opinion or Order Filing 151 DECLARATION of Sanjay Chuabey, Esq. in Support re: #149 AMENDED MOTION to Dismiss Fourth Amended Complaint.. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Chaubey, Sanjay)
January 24, 2017 Opinion or Order Filing 150 MEMORANDUM OF LAW in Support re: #149 AMENDED MOTION to Dismiss Fourth Amended Complaint. . Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
January 24, 2017 Opinion or Order Filing 149 AMENDED MOTION to Dismiss Fourth Amended Complaint. Document filed by Compunnel Software Group Inc. Responses due by 1/24/2017(Chaubey, Sanjay)
January 23, 2017 Opinion or Order Filing 148 LETTER MOTION to Stay re: #147 FIRST MOTION to Dismiss Fourth Amended Complaint. addressed to Judge Ronnie Abrams from Arvind Gupta dated 1/23/17. Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
January 16, 2017 Opinion or Order Filing 147 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Fourth Amended Complaint. Document filed by Compunnel Software Group Inc. Responses due by 1/31/2017 (Attachments: #1 Rule 56.1, #2 Memo of Law in Support of Motion, #3 Declaration of Sanjay Chaubey, #4 A, #5 B, #6 C, #7 D, #8 E, #9 F, #10 G, #11 H, #12 I)(Chaubey, Sanjay) Modified on 1/26/2017 (db).
December 30, 2016 Opinion or Order Filing 146 COUNTERCLAIM against Compunnel Software Group Inc, Thomas E. Perez.Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-48 (ALJ Dismissal Order), #2 Exhibit RX-SDNY-49 (ARB Final Order), #3 Exhibit RX-SDNY-50 (Dec.2006 LCA), #4 Exhibit RX-SDNY-51 (USCIS I797A), #5 Exhibit RX-SDNY-52 (Emp. Agreement), #6 Exhibit RX-SDNY-53 (ARB Remand Order), #7 Exhibit RX-SDNY-54 (June 2007 LCA), #8 Exhibit RX-SDNY-55 (Some Erng. Stmt.), #9 Exhibit RX-SDNY-56 (2009 Air Ticket), #10 Exhibit RX-SDNY-57 (USCIS back dated notify), #11 Exhibit RX-SDNY-58 (Feb. 2010 E-mail), #12 Exhibit RX-SDNY-59 (April 2011 Check), #13 Exhibit RX-SDNY-60 (Jan.16 OALJ E-mail), #14 Exhibit RX-SDNY-61 (Deny Settle E-mails), #15 Exhibit RX-SDNY-62 (Dec.06-Feb.07 BW Calc.), #16 Exhibit RX-SDNY-63 (ARB 'DOR' BW Calc.), #17 Exhibit RX-SDNY-64 (Paid Leave Calc.), #18 Exhibit RX-SDNY-65 (Cash Bonus Calc.), #19 Exhibit RX-SDNY-66 (WHD Interest Calc.))(Gupta, Arvind)
December 2, 2016 Opinion or Order Filing 145 ORDER: As the Court noted on yesterday's call, a new legal clinic opened in this District to assist people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. The Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. Plaintiff is informed that if he so desires he can make an appointment with the clinic in person or by calling 212-659-6190. (Signed by Judge Ronnie Abrams on 12/2/2016) (cf)
December 1, 2016 Opinion or Order Filing 144 ORDER granting #131 Letter Motion to Reopen Case; terminating #133 Letter Motion for Leave to File Document; granting #139 Letter Motion for Leave to File Document; denying as moot #142 Letter Motion to Expedite. For the reasons stated today on the record, the motions pending at docket numbers 131, 133, and 139 are granted, and the motion pending at docket number 142 is denied as moot. Mr. Gupta shall file his new or amended pleading no later than January 3, 2017. Any response is due by January 17, 2017, and any reply by Mr. Gupta is due by January 24, 2017. The Clerk of Court is respectfully requested to reopen the case and close the motions pending at docket numbers 131, 133, 139,and 142. (Signed by Judge Ronnie Abrams on 12/1/2016) (cf)
December 1, 2016 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 1/3/2017. (cf)
December 1, 2016 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 12/1/2016. (Court Reporter Paula Speer) (arc)
November 22, 2016 Opinion or Order Filing 143 ORDER: A telephone conference is hereby scheduled in this matter on December 1, 2016 at 2:30 p.m. The parties shall jointly call chambers at (212) 805-0162 at the appointed time. (Telephone Conference set for 12/1/2016 at 02:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 11/22/2016) (cf)
August 10, 2016 Opinion or Order Filing 142 LETTER MOTION to Expedite Motion to Reopen (Dkt. #131) file PFR and Complaint (Dkt. #133), and, Partial Enforcement of ARB Order (Dkt. #139) addressed to Judge Ronnie Abrams from Arvind Gupta dated August 10, 2016. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-016, ALJ Order in LCA case Administrator v. United Information Technology, ALJ Case No. 2013-LCA-016, (ALJ July 14, 2016))(Gupta, Arvind)
June 15, 2016 Opinion or Order Filing 141 LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Arvind Gupta dated June 15, 2016 re: #139 LETTER MOTION for Leave to File Motion for Partial Enforcement of ARB Order dated May 29, 2014 in Case No. 12-049) addressed to Judge Ronnie Abrams from Arvind Gupta dated June 8, 2016. . Document filed by Arvind Gupta. (Gupta, Arvind)
June 14, 2016 Opinion or Order Filing 140 FIRST LETTER addressed to Judge Ronnie Abrams from Compunnel Software Group, Inc. dated 06/14/2016 re: REPLY TO RESPONDNET GUPTAS LETTER DATED JUNE 8, 2016 (ECF DOCUMENT # 139). Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit Decision and Order)(Chaubey, Sanjay)
June 8, 2016 Opinion or Order Filing 139 LETTER MOTION for Leave to File Motion for Partial Enforcement of ARB Order dated May 29, 2014 in Case No. 12-049) addressed to Judge Ronnie Abrams from Arvind Gupta dated June 8, 2016. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-46 (Computation of Interest till June 2016))(Gupta, Arvind)
May 13, 2016 Opinion or Order Filing 138 LETTER addressed to Judge Ronnie Abrams from Arvind Gupta dated May 13, 2016 re: Objection to Compunnel Sur-Reply (Dkt. No. 137). Document filed by Arvind Gupta.(Gupta, Arvind)
May 12, 2016 Opinion or Order Filing 137 FIRST LETTER addressed to Judge Ronnie Abrams from Compunnel Software Group Inc. dated 5/12/2016 re: Sur-Reply in Opposition to Gupta's Letter (ECF Document #136). Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chaubey, Sanjay)
May 12, 2016 Opinion or Order Filing 136 LETTER REPLY to Response to Motion addressed to Judge Ronnie Abrams from Arvind Gupta dated May 12, 2016 re: #131 LETTER MOTION to Reopen Case 1:14-cv-04790 (SAS) addressed to Judge Shira A. Scheindlin from Arvind Gupta dated May 5, 2016. . Document filed by Arvind Gupta. (Gupta, Arvind)
May 11, 2016 Opinion or Order Filing 135 FIRST LETTER addressed to Judge Ronnie Abrams from Compunnel Software Group In.c dated 05/11/2016 re: Opposition to Request to reopen case (ECF Document # 131). Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chaubey, Sanjay)
May 10, 2016 Opinion or Order Filing 134 AMENDED COUNTERCLAIM amending #33 Amended Counterclaim, against Compunnel Software Group Inc, Thomas E. Perez.Document filed by Arvind Gupta. Related document: #33 Amended Counterclaim, filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-34 (2006 LCA - NJ), #2 Exhibit RX-SDNY-35 (Form I797A), #3 Exhibit RX-SDNY-36 (Feb 2007 Employ Agree), #4 Exhibit RX-SDNY-37 (ARB 'DOR', Case 12-048, May 29, 2014), #5 Exhibit RX-SDNY-38 (2007 LCA - NY), #6 Exhibit RX-SDNY-39 (Some Earning State.), #7 Exhibit RX-SDNY-40 (January 2009 Return Air Ticket), #8 Exhibit RX-SDNY-41 (Back letter of Compunnel to USCIS), #9 Exhibit RX-SDNY-42 (Feb. 2010 E-mails), #10 Exhibit RX-SDNY-43 (ALJ Dismissal, March 11, 2016), #11 Exhibit RX-SDNY-44 (E-mail decline, rescission of any settlement), #12 Exhibit RX-SDNY-45 (ARB 'FDO', Case 16-056, April 29, 2016))(Gupta, Arvind)
May 10, 2016 Opinion or Order Filing 133 LETTER MOTION for Leave to File (Amended) Petition for Review and Complaint addressed to Judge Ronnie Abrams from Arvind Gupta dated May 10, 2016. Document filed by Arvind Gupta.(Gupta, Arvind)
May 6, 2016 Opinion or Order Filing 132 ORDER: The undersigned, who is on Part I duty, received Respondent Arvind Gupta's pro se application to reopen this action, which was closed in March 2015. The Clerk of Court is directed to permanently reassign this matter to another district judge's docket. That judge will proceed as he or she deems appropriate on Respondent's application. (Signed by Judge Katherine B. Forrest on 5/6/2016) (lmb)
May 6, 2016 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Shira A. Scheindlin is no longer assigned to the case. (wb)
May 6, 2016 Opinion or Order Transmission to Case Assignment Clerk. Transmitted re: #132 Order, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (lmb)
May 5, 2016 Opinion or Order Filing 131 LETTER MOTION to Reopen Case 1:14-cv-04790 (SAS) addressed to Judge Shira A. Scheindlin from Arvind Gupta dated May 5, 2016. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-33 (ARB 16-056, Final D.&O. April 29, 2016))(Gupta, Arvind)
March 31, 2016 Opinion or Order Filing 129 REPLY to Response to Motion re: #127 MOTION to Withdraw #118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen. . . Document filed by Arvind Gupta. (Gupta, Arvind)
March 30, 2016 Opinion or Order Filing 128 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group, Inc. dated 03/30/2016 re: Opposition to Respondent's Request to Withdraw Motion. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
March 29, 2016 Opinion or Order Filing 130 ORDER granting #127 Motion to Withdraw. Respondent's request is GRANTED. The Clerk of the Court is directed to close these motions (Dkt. Nos. 118 and 127). So ordered. Withdrawing #118 Motion for Preliminary Injunction. (Signed by Judge Shira A. Scheindlin on 3/29/2016) (rjm).
March 29, 2016 Opinion or Order Filing 127 MOTION to Withdraw #118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen. . Document filed by Arvind Gupta.(Gupta, Arvind)
March 28, 2016 Opinion or Order Filing 126 SUPPLEMENTAL LETTER addressed to Judge Shira A. Scheindlin from Arvind Gupta dated 03/28/2016 re: Non-jurisdictional issues with ALJ Order. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-32 (copy of ARB petition for non-jurisdictional issues and objections))(Gupta, Arvind)
March 28, 2016 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 3/28/2016.
March 24, 2016 Opinion or Order Filing 125 LETTER addressed to Judge Shira A. Scheindlin from Arvind Gupta dated 03/24/2016 re: Reply to Compunnel Response to Motion to Strike. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-31 (Text of 29 C.F.R. 18.13, and 18.71))(Gupta, Arvind)
March 24, 2016 Opinion or Order Filing 124 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group Inc. dated 03/24/2016 re: REPLY to Response to Motion by Arvind Gupta. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chaubey, Sanjay)
March 23, 2016 Opinion or Order Filing 123 REPLY to Response to Motion re: #118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen. (and Motion to Strike Compunnel Exhibit containing alleged Settlement (Dkt. No. 122-1). Document filed by Arvind Gupta. (Gupta, Arvind)
March 22, 2016 Opinion or Order Filing 122 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group Inc dated 03/22/2016 re: Opposition to Respondent Gupta's Request to Reopen. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Final Order)(Chaubey, Sanjay)
March 22, 2016 Opinion or Order Filing 121 CERTIFICATE OF SERVICE of Motion to Reopen, and, Motion for Injunctive Relief served on Compunnel and Secretary of Labor on 03/22/2016. Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order (Motion to Reopen and Motion for Inj. Relief))(Gupta, Arvind)
March 22, 2016 Opinion or Order Filing 120 DECLARATION of Arvind Gupta in Support re: #118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen.. Document filed by Arvind Gupta. (Gupta, Arvind)
March 22, 2016 Opinion or Order Filing 119 MEMORANDUM OF LAW in Support re: #118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen. . Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-28 (ALJ Dismissal Order dated March 11, 2016), #2 Exhibit RX-29 (ALJ Order Denying to Reopen the Record, Nov. 1, 2014), #3 Exhibit Rx-30 (2d Cir. Order Granting Stay in Tilton v. SEC, No. 15-2103, (2d Cir. Sept. 17, 2015)))(Gupta, Arvind)
March 22, 2016 Opinion or Order Filing 118 EMERGENCY MOTION for Preliminary Injunction and Motion to Reopen. Document filed by Arvind Gupta.(Gupta, Arvind)
February 2, 2016 Opinion or Order Filing 117 ORDER denying #106 MOTION Award of Costs and Expenses; denying #111 AMENDED MOTION Award of costs and expenses. While I expressed regret that Gupta had traveled from India, I also noted that under these circumstances, there were no grounds to grant him expenses and costs. For the same reasons, Gupta's present motion is DENIED. The Clerk of the Court is directed to close this motion (Dkt. Nos. 106, 111 ). (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 2/2/2016) (kl)
December 21, 2015 Opinion or Order Filing 116 REPLY to Response to Motion re: #111 AMENDED MOTION Award of costs and expenses . . Document filed by Arvind Gupta. (Gupta, Arvind)
December 17, 2015 Opinion or Order Filing 115 FIRST MEMORANDUM OF LAW in Opposition re: #111 AMENDED MOTION Award of costs and expenses . . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A)(Chaubey, Sanjay)
December 3, 2015 Opinion or Order Filing 114 CERTIFICATE OF SERVICE of Amended Motion for Cost and Supporting Documents served on Compunnel and Secretary of Labor on December 3, 2015. Document filed by Arvind Gupta. (Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 113 AMENDED MEMORANDUM OF LAW in Support re: #111 AMENDED MOTION Award of costs and expenses . . Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-27 (Copies of ALJ Orders))(Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 112 DECLARATION of Arvind Gupta in Support re: #111 AMENDED MOTION Award of costs and expenses .. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-26 (E-mail for airfare and hotel cost))(Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 111 AMENDED MOTION Award of costs and expenses . Document filed by Arvind Gupta. Return Date set for 12/31/2015 at 11:59 PM. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 110 NOTICE of Errata in Amount Claimed re: #108 Memorandum of Law in Support of Motion, #107 Declaration in Support of Motion, #106 MOTION Award of Costs and Expenses .. Document filed by Arvind Gupta. (Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 109 CERTIFICATE OF SERVICE of Motion for Costs and Expenses served on Compunnel and Secretary of Labor on December 3, 2015. Document filed by Arvind Gupta. (Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 108 MEMORANDUM OF LAW in Support re: #106 MOTION Award of Costs and Expenses . . Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-27 (Copies of ALJ Orders))(Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 107 DECLARATION of Arvind Gupta in Support re: #106 MOTION Award of Costs and Expenses .. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-26 (E-mails for airfare and hotel costs))(Gupta, Arvind)
December 3, 2015 Opinion or Order Filing 106 MOTION Award of Costs and Expenses . Document filed by Arvind Gupta. Return Date set for 12/31/2015 at 11:59 PM. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
November 19, 2015 Opinion or Order Filing 105 ORDER granting #104 Letter Motion for Leave to File Document. Mr. Gupta's request is GRANTED. A motion for award of costs and expenses shall be filed no later than December 3, 2015. Opposition papers shall be filed no later than December 17, 2015. Reply papers shall be filed no later than December 31, 2015. (Signed by Judge Shira A. Scheindlin on 11/19/2015) (spo)
November 19, 2015 Opinion or Order Set/Reset Deadlines: Motions due by 12/3/2015. Responses due by 12/17/2015. Replies due by 12/31/2015. (spo)
November 19, 2015 Opinion or Order Filing 104 LETTER MOTION for Leave to File Motion for costs and expenses addressed to Judge Shira A. Scheindlin from Arvind Gupta dated November 19, 2015. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-24 (Copy of Emails sent to Compunnel), #2 Exhibit RX-SDNY-25 (ALJ Order Gr. Costs under 'INA'))(Gupta, Arvind)
October 5, 2015 Opinion or Order Filing 103 ORDER denying #100 Letter Motion to Reopen Case. For substantially the same reasons expressed in my October 22, 2014 and March 17, 2015 Orders, Gupta's motion to reopen this case is DENIED. Either party may appeal the Secretary of Labor's decision once that decision becomes final. The Clerk of Court is directed to close this motion (Docket No. 100). SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/5/2015) (ajs)
September 18, 2015 Opinion or Order Filing 102 LETTER addressed to Judge Shira A. Scheindlin from Arvind Gupta dated September 18, 2015 re: Sixty day letter (Ind. Rule IV-K). Document filed by Arvind Gupta.(Gupta, Arvind)
August 4, 2015 Opinion or Order Filing 101 SUPPLEMENTAL LETTER addressed to Judge Shira A. Scheindlin from Arvind Gupta dated August 4, 2015 re: Letter-Motion (Dkt. No. 100). Document filed by Arvind Gupta.(Gupta, Arvind)
July 13, 2015 Opinion or Order Filing 100 LETTER MOTION to Reopen Case and Grant injunctive/equitable relief under FLSA addressed to Judge Shira A. Scheindlin from Arvind Gupta dated July 13, 2015. Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-22 (WHD FS 62-G), #2 Exhibit RX-23 (Cronous Solutions Order), #3 Text of Proposed Order)(Gupta, Arvind)
April 13, 2015 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER #105465 re: #93 MOTION to Alter Judgment re: #88 Clerk's Judgment, #86 Memorandum & Opinion, filed by Arvind Gupta. For these reasons, Respondent's motion for reconsideration is DENIED. SO ORDERED. (See Order.) (Signed by Judge Shira A. Scheindlin on 4/13/2015) (ajs) Modified on 4/24/2015 (ca).
April 1, 2015 Opinion or Order Filing 98 SUPPLEMENTAL LETTER Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-21 (Access Therapies v. Mendoza, No. 13-cv-1317-JMS, (SD IN Sept.18, 2014) (Order Denying Motion to Dismiss))(Gupta, Arvind)
March 30, 2015 Opinion or Order Filing 97 CERTIFICATE OF SERVICE of Proposed Second Amended Counterclaims Docs. served on Compunnel Software on March 30, 2015. Document filed by Arvind Gupta. (Gupta, Arvind)
March 30, 2015 Opinion or Order Filing 96 LETTER Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order, #2 Supplement - (PROPOSED) Second Amended Counterclaims, #3 Exhibit RX-SDNY-12 (Feb.2007 Agreement), #4 Exhibit RX-SDNY-13 (2007 LCA), #5 Exhibit RX-SDNY-14 (Some Erng. Stmt.), #6 Exhibit RX-SDNY-15 (Return Air-Ticket), #7 Exhibit RX-SDNY-16 (USCIS Notify), #8 Exhibit RX-SDNY-17 (Feb. 2010 Email Corr.), #9 Exhibit RX-SDNY-18 (ARB 'DOR'), #10 Exhibit RX-SDNY-19 (CSG Excerpt ALJ), #11 Exhibit RX-SDNY-20 (CSG Excerpt ARB))(Gupta, Arvind)
March 27, 2015 Opinion or Order Filing 95 CERTIFICATE OF SERVICE of Motion Alter Judgement Papers served on Compunnel Software on 03/27/2015. Document filed by Arvind Gupta. (Gupta, Arvind)
March 27, 2015 Opinion or Order Filing 94 MEMORANDUM OF LAW in Support re: #93 MOTION to Alter Judgment re: #88 Clerk's Judgment,,,,,,, #86 Memorandum & Opinion,,, . . Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-11 (Shibeshi 6th Cir))(Gupta, Arvind)
March 27, 2015 Opinion or Order Filing 93 MOTION to Alter Judgment re: #88 Clerk's Judgment,,,,,,, #86 Memorandum & Opinion,,, . Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
March 26, 2015 Opinion or Order Filing 92 ORDER denying #91 Letter Motion for Leave to File Excess Pages. The request is DENIED. Respondent's memorandum of law shall not exceed ten pages. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/26/2015) (ajs)
March 26, 2015 Opinion or Order Filing 91 LETTER MOTION for Leave to File Excess Pages (for reconsideration) addressed to Judge Shira A. Scheindlin from Arvind Gupta dated March 26, 2015. Document filed by Arvind Gupta.(Gupta, Arvind)
March 20, 2015 Opinion or Order Filing 90 ORDER granting #89 Letter Motion to Reopen Case. The request is GRANTED. Moving papers in respondent's motion for reconsideration are due April 3, 2015. An opposition and reply will only be required if the Court deems them necessary. See Ind. Rule IV(B). The Clerk of the Court is directed to reopen this case, and to close Dkt. No. 89. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/20/2015) (ajs)
March 20, 2015 Opinion or Order Filing 89 LETTER MOTION to Reopen Case 1:14-cv-04790-SAS addressed to Judge Shira A. Scheindlin from Arvind Gupta dated March 20, 2015. Document filed by Arvind Gupta.(Gupta, Arvind)
March 20, 2015 Opinion or Order Set/Reset Deadlines: Motions due by 4/3/2015. (ajs)
March 19, 2015 Opinion or Order Filing 88 CLERK'S JUDGMENT: Compunnel Software Group, Inc. ("Compunnel") seeks judicial review under the Administrative Procedure Act from an Administrative Review Board ("ARB") order. Arvind Gupta having opposed Compunnel's petition and filed a series of fourteen counterclaims against Compunnel. In October, 2014, this Court dismissed Compunnel's petition without prejudice because the ARB had not yet issued a final decision. Gupta's First, Second, Third, Seventh, and Ninth counterclaims were dismissed for the same reason. Compunnel then filed a motion to dismiss the remaining counterclaims, which the Court treats as a motion for judgment on the pleadings pursuant to Rule 12(c), and Gupta having filed a cross-motion for judgment on the pleadings, and the said motions having come before the Honorable Shira A. Scheindlin, United States District Judge, and the Court thereafter, on March 17, 2015 having rendered its Opinion and Order dismissing Gupta's counterclaims Four, Five, Six, Seven and Eight; and also dismissing Gupta's remaining claims because they are for damages. Either party may seek review of the Secretary of Labor's decision once that decision becomes final; and directing the Clerk of Court to close this motion [Docket No. 54 and 61], and this case, it is ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Courts Opinion and Order dated March 17, 2015, Gupta's counterclaims Four, Five, Six, Seven and Eight are dismissed. Because Gupta's remaining claims are for damages, they are dismissed as well. Either party may seek a review of the Secretary of Labor's decision once that decision becomes final; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/19/2015) (Attachments: #1 Right to Appeal attachment part 1, #2 Right to Appeal attachment part 2)(mro)
March 17, 2015 Opinion or Order Filing 87 MEMO ENDORSEMENT on re: #85 Letter filed by Arvind Gupta, re: Reply to DOJ and Compunnel Letters. ENDORSEMENT: Respondent's request is denied. The Court has no power at this time to compel the Administrative Law Judge to issue a ruling. Respondent must wait until the Secretary of Labor's decision becomes final, and may then appeal his decision at the appropriate time. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 3/17/2015) (ajs)
March 17, 2015 Opinion or Order Filing 86 OPINION AND ORDER #105373 re: #54 MOTION for Preliminary Injunction (Equitable) Relief. filed by Arvind Gupta, #61 CROSS MOTION for Judgment on the Pleadings . filed by Arvind Gupta. Compunnel's motion for judgement on the pleadings is granted and the case is DISMISSED. For the foregoing reasons, Gupta's counterclaims Four, Five Six, Seven, and Eight are dismissed. Because Gupta's remaining claims are for damages, they are dismissed as well. Either party may seek a review of the Secretary of Labor's decision once that decision becomes final. The Clerk of the Court is directed to close this motion [Docket No. 54 and 61], and this case. SO ORDERED. (See Order.) (Signed by Judge Shira A. Scheindlin on 3/17/2015) (ajs) Modified on 3/24/2015 (soh).
March 17, 2015 Opinion or Order Filing 85 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
March 17, 2015 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #86 Memorandum & Opinion,,,, to the Judgments and Orders Clerk. (ajs)
March 16, 2015 Opinion or Order Filing 84 LETTER addressed to Judge Shira A. Scheindlin from Shane Cargo dated 3/16/2015 re: Arvind Gupta's request for an update. Document filed by Thomas E. Perez.(Cargo, Shane)
March 12, 2015 Opinion or Order Filing 83 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group, Inc. dated 03/12/2015 re: Response to Respondent's Letter No. 82. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
March 10, 2015 Opinion or Order Filing 82 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
February 10, 2015 Opinion or Order Filing 81 CERTIFICATE OF SERVICE of Reply Memo. Injunctive Relief served on Compunnel Software Group, Inc. on 02/10/2015. Document filed by Arvind Gupta. (Gupta, Arvind)
February 10, 2015 Opinion or Order Filing 80 REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Preliminary Injunction (Equitable) Relief. . Document filed by Arvind Gupta. (Gupta, Arvind)
February 6, 2015 Opinion or Order Filing 79 FIRST MEMORANDUM OF LAW in Opposition re: #54 MOTION for Preliminary Injunction (Equitable) Relief. . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G)(Chaubey, Sanjay)
February 6, 2015 Opinion or Order Filing 78 FIRST REPLY MEMORANDUM OF LAW in Opposition re: #54 MOTION for Preliminary Injunction (Equitable) Relief. . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G)(Chaubey, Sanjay)
January 23, 2015 Opinion or Order Filing 77 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
January 22, 2015 Opinion or Order Filing 76 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group Inc dated 1/22/15 re: Response to Respondent's Letter No. 75. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
January 21, 2015 Opinion or Order Filing 75 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
January 13, 2015 Opinion or Order Filing 74 FIRST REPLY MEMORANDUM OF LAW in Support re: #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims. . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Chaubey, Sanjay)
January 12, 2015 Opinion or Order Filing 73 REPLY MEMORANDUM OF LAW in Support re: #61 CROSS MOTION for Judgment on the Pleadings . . Document filed by Arvind Gupta. (Gupta, Arvind)
January 8, 2015 Opinion or Order Filing 72 FIRST MEMORANDUM OF LAW in Opposition re: #61 CROSS MOTION for Judgment on the Pleadings . . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit H)(Chaubey, Sanjay)
December 31, 2014 Opinion or Order Filing 71 LETTER RESPONSE in Opposition to Motion addressed to Judge Shira A. Scheindlin from Arvind Gupta dated 12/31/2014 re: #70 FIRST LETTER MOTION for Extension of Time for the ALJ to issue a ruling in the remanded proceeding addressed to Judge Shira A. Scheindlin from Shane Cargo dated 12-30-2014. Ref: Dkt. No. 70, Opposition In-Part. Document filed by Arvind Gupta. (Gupta, Arvind)
December 30, 2014 Opinion or Order Filing 70 FIRST LETTER MOTION for Extension of Time for the ALJ to issue a ruling in the remanded proceeding addressed to Judge Shira A. Scheindlin from Shane Cargo dated 12-30-2014. Document filed by Thomas E. Perez. (Attachments: #1 Exhibit A)(Cargo, Shane)
December 29, 2014 Opinion or Order Filing 69 CERTIFICATE OF SERVICE of Docs in opp. to Rule 12(c), 12(f) Motions served on Compunnel Software Group, Inc. on 12/29/2014. Document filed by Arvind Gupta. (Gupta, Arvind)
December 29, 2014 Opinion or Order Filing 68 MEMORANDUM OF LAW in Opposition re: #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims. (Ref: Dkt. Nos. 59, 60 and 64). Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-09 (Excerpt, ALJ Pleading 7/15/2011), #2 Exhibit RX-SDNY-10 (Excerpt, ARB Pleading 5/4/2012), #3 Response to Compunnel's SMF, #4 Text of Proposed Order)(Gupta, Arvind)
December 20, 2014 Opinion or Order Filing 67 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
December 20, 2014 Opinion or Order Filing 66 CERTIFICATE OF SERVICE of Amended Memo of Law for Cross-Motion served on Compunnel Software Group, Inc. on 12/20/2014. Document filed by Arvind Gupta. (Gupta, Arvind)
December 20, 2014 Opinion or Order Filing 65 AMENDED MEMORANDUM OF LAW in Support re: #61 CROSS MOTION for Judgment on the Pleadings . . Document filed by Arvind Gupta. (Gupta, Arvind)
December 19, 2014 Opinion or Order Filing 64 DECLARATION of Sanjay Chuabey in Support re: #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims.. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
December 19, 2014 Opinion or Order Filing 63 CERTIFICATE OF SERVICE of Cross-Motion JOTP Docs served on Compunnel Software Group, Inc. on 12/19/2014. Document filed by Arvind Gupta. (Gupta, Arvind)
December 19, 2014 Opinion or Order Filing 62 MEMORANDUM OF LAW in Support re: #61 CROSS MOTION for Judgment on the Pleadings . . Document filed by Arvind Gupta. (Gupta, Arvind)
December 19, 2014 Opinion or Order Filing 61 CROSS MOTION for Judgment on the Pleadings . Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
December 19, 2014 Opinion or Order Filing 60 FIRST MEMORANDUM OF LAW in Support re: #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims. . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H)(Chaubey, Sanjay)
December 19, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sanjay Chaubey to RE-FILE Document #59 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (db)
December 19, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Sanjay Chaubey to RE-FILE Document #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - MOTION WAS NOT FILED. (db)
December 18, 2014 Opinion or Order Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Sanjay Chaubey in Support re: #58 FIRST MOTION to Dismiss Crossclaims/Counterclaims. Document filed by Compunnel Software Group Inc. (Attachments: #1 Declaration)(Chaubey, Sanjay) Modified on 12/19/2014 (db).
December 18, 2014 Opinion or Order Filing 58 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Crossclaims/Counterclaims. Document filed by Compunnel Software Group Inc. Responses due by 1/9/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H)(Chaubey, Sanjay) Modified on 12/19/2014 (db).
December 17, 2014 Opinion or Order Filing 57 AMENDED MEMORANDUM OF LAW in Support re: #54 MOTION for Preliminary Injunction (Equitable) Relief. (First Amended Memo of Law). Document filed by Arvind Gupta. (Gupta, Arvind)
December 16, 2014 Opinion or Order Filing 56 CERTIFICATE OF SERVICE of Motion for Injunctive Relief Docs served on Compunnel Software Group, Inc. on 12/16/2014. Document filed by Arvind Gupta. (Gupta, Arvind)
December 16, 2014 Opinion or Order Filing 55 MEMORANDUM OF LAW in Support re: #54 MOTION for Preliminary Injunction (Equitable) Relief. . Document filed by Arvind Gupta. (Gupta, Arvind)
December 16, 2014 Opinion or Order Filing 54 MOTION for Preliminary Injunction (Equitable) Relief. Document filed by Arvind Gupta. (Attachments: #1 Text of Proposed Order)(Gupta, Arvind)
December 2, 2014 Opinion or Order Filing 53 LETTER addressed to Judge Shira A. Scheindlin from Shane Cargo dated 12/2/2014 re: Request that Patricia Buchanan be removed from the Court's docket. Document filed by Thomas E. Perez.(Cargo, Shane)
November 21, 2014 Opinion or Order Filing 52 ORDER: After Compunnel files its answer, new motions for judgment on the pleadings - a reinstated motion from Compunnel, and, if desired, a cross-motionfrom Gupta - will be considered pursuant to the following schedule. Moving papers, of no more than twenty-five pages, will be due by December 19, 2014. Oppositions, also of no more than twenty-five pages, will be due by January 9, 2015. And replies, of no more than ten pages, will be due by January 16, 2015.The Clerk of the Court is directed to terminate Dkt Nos. 49 and 50. SO ORDERED. ( Motions due by 12/19/2014., Responses due by 1/9/2015, Replies due by 1/16/2015.) (Signed by Judge Shira A. Scheindlin on 11/20/2014) (ama)
November 20, 2014 Opinion or Order Filing 51 AMENDED ANSWER to #33 Amended Counterclaim,. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
November 19, 2014 Opinion or Order Filing 50 DECLARATION of Sanjay Chaubey in Support re: #44 FIRST MOTION to Dismiss Couterclaims/Crossclaims.. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
November 17, 2014 Opinion or Order Filing 49 FIRST MEMORANDUM OF LAW in Support re: #44 FIRST MOTION to Dismiss Couterclaims/Crossclaims. . Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H)(Chaubey, Sanjay)
November 14, 2014 Opinion or Order Filing 48 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
November 13, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Sanjay Chaubey to RE-FILE Document #46 FIRST MOTION to Dismiss Counterclaims/Crossclaims. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
November 12, 2014 Opinion or Order Filing 47 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group Inc. dated 11/12/2014 re: Arvind Gupta's letter. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
November 12, 2014 Opinion or Order Filing 46 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Counterclaims/Crossclaims. Document filed by Compunnel Software Group Inc. Responses due by 12/5/2014 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H)(Chaubey, Sanjay) Modified on 11/13/2014 (db).
November 11, 2014 Opinion or Order Filing 45 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
November 7, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sanjay Chaubey to RE-FILE Document #44 FIRST MOTION to Dismiss Couterclaims/Crossclaims. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
November 6, 2014 Opinion or Order Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Couterclaims/Crossclaims. Document filed by Compunnel Software Group Inc. Responses due by 12/5/2014 (Attachments: #1 Memo of Law, #2 Statement, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F-1, #9 Exhibit F-2, #10 Exhibit G, #11 Exhibit H)(Chaubey, Sanjay) Modified on 11/7/2014 (db).
November 4, 2014 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Shane Patrick Cargo on behalf of Thomas E. Perez. (Cargo, Shane)
November 4, 2014 Opinion or Order Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/8/2014 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)
November 4, 2014 Opinion or Order Filing 41 TRANSCRIPT of Proceedings re: conference held on 10/8/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (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 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly)
November 4, 2014 Opinion or Order Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/20/2014 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)
November 4, 2014 Opinion or Order Filing 39 TRANSCRIPT of Proceedings re: conference held on 10/20/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Linda Fisher, (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 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly)
October 22, 2014 Opinion or Order Filing 38 ORDER: This is a petition brought by Compunnel Software Group, Inc. ("Compunnel") seeking judicial review under the Administrative Procedures Act of a decision and order issued by the Administrative Review Board ("ARB") of the United States Department of Labor.... Accordingly, as stated on the record of the conference held on October 20, 2014, Compunnel's claim for review of the ARB's decision is DISMISSED pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the same reasons, Gupta's First, Second, Third, Seventh, and Ninth counterclaims/cross-claims are also DISMISSED pursuant to Rules 12(b)(l) and 12(b)(6). Furthermore, as the claims based on review of the ARB decision are now dismissed, there is no basis for the ALJ to continue to hold the remanded case in abeyance pursuant to the abeyance order. Accordingly, the ALJ is directed to issue its ruling within thirty (30) days of receipt of this Order, and as further set forth herein. (Signed by Judge Shira A. Scheindlin on 10/21/2014) (ja)
October 20, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/20/2014. (Bloomfield, Clifford)
October 17, 2014 Opinion or Order Filing 37 LETTER Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-08 (ARB Order))(Gupta, Arvind)
October 17, 2014 Opinion or Order Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/2/14 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...(McGuirk, Kelly)
October 17, 2014 Opinion or Order Filing 35 TRANSCRIPT of Proceedings re: conference held on 10/2/2014 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (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 11/10/2014. Redacted Transcript Deadline set for 11/20/2014. Release of Transcript Restriction set for 1/18/2015.(McGuirk, Kelly)
October 8, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/8/2014. (Bloomfield, Clifford)
October 2, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/2/2014. (Bloomfield, Clifford)
October 2, 2014 Opinion or Order Filing 34 ORDER: Respondent Arvind Gupta may file an amended answer and counterclaim by October 7, 2014. Arvind Gupta answer due 10/7/2014. (Signed by Judge Shira A. Scheindlin on 10/2/2014) (ja)
October 2, 2014 Opinion or Order Filing 33 FIRST AMENDED COUNTERCLAIM amending #2 Petition (Other) against Compunnel Software Group Inc, Thomas E. Perez.Document filed by Arvind Gupta. Related document: #2 Petition (Other) filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit RX-SDNY-02 (ARB 'DOR'), #2 Exhibit RX-SDNY-03 (LCA-NY), #3 Exhibit RX-SDNY-04 (LCA-NJ), #4 Exhibit RX-SDNY-05 (USCIS Notify), #5 Exhibit RX-SDNY-06 (Feb. 2010 Em), #6 Exhibit RX-SDNY-07 (Emp Agree))(Gupta, Arvind)
September 22, 2014 Opinion or Order Filing 32 ORDER: Upon the application of Respondent Thomas E. Perez, Secretary of the Department of Labor ("DOL"), IT IS HEREBY ORDERED THAT: DOL's time to respond to the Petition for Review (Dkt. # 2) is extended to October 22, 2014. DOL shall respond to the counter-claims and cross-claims brought against DOL by Respondent Arvind Gupta (Dkt. # 22) by October 22, 2014. Thomas E. Perez answer due 10/22/2014. (Signed by Judge Shira A. Scheindlin on 9/19/2014) (ja)
September 18, 2014 Opinion or Order Filing 31 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
September 18, 2014 Opinion or Order Filing 30 LETTER addressed to Judge Shira A. Scheindlin from AUSA Patricia L. Buchanan dated September 18, 2014 re: Extension. Document filed by Thomas E. Perez.(Buchanan, Patricia)
September 15, 2014 Opinion or Order Filing 29 AMENDED ANSWER to., COUNTERCLAIM against Arvind Gupta. Document filed by Compunnel Software Group Inc. (Chaubey, Sanjay)
September 12, 2014 Opinion or Order Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 9/12/2014. (Bloomfield, Clifford)
September 9, 2014 Opinion or Order Filing 28 COUNTER LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
September 8, 2014 Opinion or Order Filing 27 FIRST LETTER MOTION for Conference re: #24 Memo Endorsement dated 09/05/2014 addressed to Judge Shira A. Scheindlin from Compunnel Software Group,Inc. dated 09/08/2014. Document filed by Compunnel Software Group Inc. (Attachments: #1 copy of envelope)(Chaubey, Sanjay)
September 8, 2014 Opinion or Order Filing 26 SUPPLEMENTAL LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
September 8, 2014 Opinion or Order Filing 25 NOTICE OF CHANGE OF ADDRESS by Arvind Gupta. New Address: 1-C-271 Orchid Kalpataru Gardens Phase-2, Ashok Nagar Kandivali (East), Mumbai, MH, India 400101, +91-22-28863253. (Gupta, Arvind)
September 5, 2014 Opinion or Order Filing 24 MEMO ENDORSEMENT on re: #23 Letter filed by Arvind Gupta. ENDORSEMENT: A pre-motion conference is scheduled for September 12, 2014 at 4:00 pm in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 9/5/2014) (djc)
September 5, 2014 Opinion or Order Set/Reset Hearings: Pre-Motion Conference set for 9/12/2014 at 04:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (djc)
September 4, 2014 Opinion or Order Filing 23 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
August 29, 2014 Opinion or Order Filing 22 RESPONSE to #2 Petition (Other). Document filed by Arvind Gupta. (Attachments: #1 Exhibit RX-SDNY-02 (ARB 'DOR' May 29, 2014), #2 Exhibit RX-SDNY-03 (LCA June 2007), #3 Exhibit RX-SDNY-04 (LCA December 2006), #4 Exhibit RX-SDNY-05 (USCIS back dated letter), #5 Exhibit RX-SDNY-06 (Compunnel Email February 2010))(Gupta, Arvind)
August 19, 2014 Opinion or Order Filing 21 MEMO ENDORSEMENT on re: #18 Letter filed by Arvind Gupta. ENDORSEMENT: Under Rule 83 of the Federal Rules of Civil Procedure, discrepancies between the Federal Rules and corresponding local rules are resolved in favor of the Federal Rules. Therefore, the exemption of reviews of administrative orders from the initial disclosure requirement of Rule 26 applies. Defendant's request for reconsideration is denied. (Signed by Judge Shira A. Scheindlin on 8/19/2014) (lmb)
August 15, 2014 Opinion or Order Filing 20 MEMO ENDORSEMENT on re: #17 Letter filed by Thomas E. Perez. ENDORSEMENT: The government's response to the petition is due on September 22, 2014., Thomas E. Perez answer due 9/22/2014. (Signed by Judge Shira A. Scheindlin on 8/15/2014) (lmb)
August 14, 2014 Opinion or Order Filing 19 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/8/2014 at 04:30 PM in Courtroom 15C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin, and as further set forth. (Signed by Judge Shira A. Scheindlin on 8/14/2014) (rjm)
August 14, 2014 Opinion or Order Filing 18 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
August 14, 2014 Opinion or Order Filing 17 LETTER addressed to Judge Shira A. Scheindlin from AUSA Patricia L. Buchanan dated August 14, 204 re: Reset Perez Answer Date, Reschedule PTC. Document filed by Thomas E. Perez. (Attachments: #1 Proposed Order)(Buchanan, Patricia)
August 12, 2014 Opinion or Order Filing 16 MEMO ENDORSEMENT on re: #11 Letter filed by Arvind Gupta. ENDORSEMENT: This is an action for review at an administrative record. Actions for review of an administrative record are exempt from initial disclosure requirements under FRCP 26. Defendant's request is therefore denied. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/11/2014) (tro)
August 11, 2014 Opinion or Order Filing 15 ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/3/2014 at 04:30 PM in Courtroom 15C at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 8/11/2014) (kgo)
August 8, 2014 Opinion or Order Filing 14 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel dated 08/08/2014 re: Sur Reply. Document filed by Compunnel Software Group Inc. (Attachments: #1 Exhibit Employment Agreement)(Chaubey, Sanjay)
August 8, 2014 Opinion or Order Filing 13 LETTER Document filed by Arvind Gupta. (Attachments: #1 Exhibit DX-01 (Compunnel - NYS DOS Info))(Gupta, Arvind)
August 7, 2014 Opinion or Order Filing 12 FIRST LETTER addressed to Judge Shira A. Scheindlin from Compunnel Software Group Inc. dated 08/07/2014 re: Response to Defendants Letter. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
August 5, 2014 Opinion or Order Filing 11 LETTER Document filed by Arvind Gupta.(Gupta, Arvind)
July 29, 2014 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Patricia L. Buchanan on behalf of Thomas E. Perez. (Buchanan, Patricia)
July 24, 2014 Opinion or Order Filing 9 MEMO ENDORSED ORDER granting #5 Motion for Permission for Electronic Case Filing. ENDORSEMENT:SO ORDERED.(Signed by Judge Shira A. Scheindlin on 7/24/2014) (ama) Modified on 7/28/2014 (ama).
July 24, 2014 Opinion or Order Filing 8 MEMO ENDORSEMENT on re: #7 Letter filed by Arvind Gupta, Arvind Gupta answer due 8/29/2014; Thomas E. Perez answer due 8/29/2014. ENDORSEMENT: Request Granted. The Defendant may have until August 29, 2014 to respond to the Petition. No further adjournment will be Granted for any reason. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 7/24/2014) (ama)
July 23, 2014 Opinion or Order Filing 7 LETTER addressed to Judge Shira A. Scheindlin from Arvind Gupta dated 7/21/14 re: LETTER REQUEST FOR AN EXTENSION OF TIME UP TO & INCLUDING 8/29/14 TO FILE AN ANSWER OR OTHER RESPONSIVE PLEADING. Document filed by Arvind Gupta.(sc)
July 23, 2014 Opinion or Order Filing 6 NOTICE OF APPEARANCE PRO SE by Arvind Gupta. (sc)
July 23, 2014 Opinion or Order Filing 5 MOTION; re: for Permission for Arvind Gupta to participate in electronic case filing in this case. Document filed by Arvind Gupta.(sc)
July 23, 2014 Opinion or Order Filing 4 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Arvind Gupta consents to receive electronic service via the ECF system. Document filed by Arvind Gupta.
July 23, 2014 Opinion or Order Request for Copy of Docket Sheet Mailed: Request for copy of updated docket sheet from Arvind Gupta mailed on 7/24/14. (sc)
July 22, 2014 Opinion or Order Filing 3 FIRST LETTER addressed to Judge Shira A. Scheindlin from Sanjay Chaubey, Esq. dated 07/22/14 re: Request for Extension by Defendant. Document filed by Compunnel Software Group Inc.(Chaubey, Sanjay)
June 27, 2014 Opinion or Order Filing 2 PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY ACTION; FOR DECLARATORY JUDGMENT. (Filing Fee $ 350.00, Receipt Number 465401099072).Document filed by Compunnel Software Group Inc.(jd)
June 27, 2014 Opinion or Order Filing 1 CIVIL COVER SHEET filed. (jd)
June 27, 2014 Opinion or Order Case Designated ECF. (jd)
June 27, 2014 Opinion or Order Magistrate Judge James L. Cott is so designated. (jd)

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Search for this case: Compunnel Software Group Inc v. Gupta et al
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Petitioner: Compunnel Software Group Inc
Represented By: Kamal K. Rastogi
Represented By: Sanjay Chaubey
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Respondent: Arvind Gupta
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Respondent: Thomas E. Perez
Represented By: Brandon Matthew Waterman
Represented By: Patricia L. Buchanan
Represented By: Shane Patrick Cargo
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Respondent: R. Alexander Acosta
Represented By: Brandon Matthew Waterman
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