Marks v. Rachel Scalabrini
| Bridget Marks |
| Energy Material Corporation, John Does No. 1-15 and Rachel Scalabrini |
| 1:2014cv08965 |
| November 10, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Gregory H Woods |
| Personal Property: Other |
| 28 U.S.C. § 1441 ac |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2017. A more recent docket listing may be available from PACER.
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Filing 211
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT RACHEL C. SCALABRINI: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Bridget Marks, as Personal Representative of the Estate of Alvin Marks, and Defendant Rachel c. Scalabrini, by and through their undersigned attorneys, respectfully submit this joint Stipulation of Dismissal as to Defendant Rachel C. Scalabrini with prejudice and without costs. The parties have stipulated to the dismissal of the claims against Defendant Scalabrini under Rule 41(a)(1)(A)(ii). The parties previously stipulated to the dismissal of the claims against Defendant Energy Materials Corporation. Dkt. No. 210. The parties have thus stipulated to the dismissal of all remaining claims in this case. The Clerk of Court is directed to close the case. SO ORDERED. (Rachel Scalabrini terminated.) (Signed by Judge Gregory H. Woods on 12/18/2017) (anc)
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Filing 210
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT ENERGY MATERIALS CORPORATION: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff Bridget Marks, as Personal Representative of the Estate of Alvin Marks, and Defendant Energy Materials Corporation, by and through their undersigned attorneys, respectfully submit this joint Stipulation and Dismissal as to Defendant Energy Materials with prejudice and without costs. The parties have stipulated to the dismissal of this action as to Defendant Energy Materials Corporation only under Rule 41(a)(1)(A)(ii). The Clerk of Court is directed to remove the name of that entity from the caption of this case. (Energy Material Corporation terminated.) (Signed by Judge Gregory H. Woods on 11/30/2017) (anc)
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Filing 209
MEMO ENDORSEMENT on re: #208 Letter filed by Rachel Scalabrini. ENDORSEMENT: In light of the parties' representation that the claims against each Defendant will be disposed of separately, the Court will not endorse the stipulation and order of dismissal as submitted by the parties on November 21, 2017. The stipulation as drafted purports to dismiss with prejudice "the above-captioned action." It does not specifically limit the dismissal to the claims against Defendant EMC. Accordingly, the parties are directed to either submit a revised stipulation that indicates dismissal only with respect to the claims against EMC, or to submit a stipulation as currently drafted, executed by all parties, once the claims against both Defendants are ripe for dismissal. (Signed by Judge Gregory H. Woods on 11/27/2017) (mro)
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Filing 208
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated 2017-11-27 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Filing 207
ORDER. The Court has received a stipulation and proposed order of dismissal in this matter. The stipulation purports to dismiss with prejudice the entire action under Rule 41(a)(1)(A)(ii), but is only executed by counsel for Plaintiff and Defendant Energy Materials Corporation. It is not executed on behalf of Defendant Rachel Scalabrini. The parties are directed to either submit a revised stipulation that reflects the consent of all parties to the dismissal of this action or to file a letter with the Court explaining the status of the case no later than November 27, 2017. (HEREBY ORDERED by Judge Gregory H. Woods on November 22, 2017) (Text Only Order)(Woods, Gregory)
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Filing 206
MEMO ENDORSEMENT on re: #205 Letter filed by Rachel Scalabrini.ENDORSEMENT: Application granted. The deadline is extended to December 19, 2017. The Court expects to receive by that date stipulations of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The parties are reminded that, pursuant to Rule 4(D) of the Court's Individual Rules of Practice in Civil Cases, the Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce their agreements, or to evaluate and approve any dismissal pursuant to Fed. R. Civ. P. 41(a)(2), the parties will be expected to place all terms of their settlement agreements on the public record. (Signed by Judge Gregory H. Woods on 10/19/2017) (mro)
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Filing 205
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated 2017-10-17 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Filing 204
MEMO ENDORSEMENT: on re: #203 Letter filed by Rachel Scalabrini. ENDORSEMENT: Application granted. The deadline is extended to October 17, 2017. The Court expects to receive by that date stipulations of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The parties are reminded that, pursuant to Rule 4(D) of the Court's Individual Rules of Practice in Civil Cases, the Court will not retain jurisdiction to enforce confidential settlement agreements. If the parties wish that the Court retain jurisdiction to enforce their agreements, or to evaluate and approve any dismissal pursuant to Fed. R. Civ. P. 41(a)(2), the parties will be expected to place all terms of their settlement agreements on the public record. (Signed by Judge Gregory H. Woods on 8/23/2017) (ap)
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Filing 203
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated 2017-08-22 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Filing 202
MANDATE of USCA (Certified Copy) as to #156 Notice of Appeal, filed by Energy Material Corporation. USCA Case Number 16-3589. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/12/2017. (nd)
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Filing 201
MEMO ENDORSEMENT on re: #200 Letter filed by Rachel Scalabrini. ENDORSEMENT: Application granted. The deadline for the submission of revised stipulations of dismissal and materials in support of those stipulations, is extended to August 22, 2017. (Signed by Judge Gregory H. Woods on 6/20/2017) (mro)
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Filing 200
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated 2017-06-20 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Filing 199
MEMO ENDORSEMENT on re: #198 Letter filed by Rachel Scalabrini. ENDORSEMENT: Application granted. The Estate of Ms. Scalabarini may submit a revised stipulation of dismissal, and materials in support of that stipulation, by June 20, 2017. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/18/2017) (anc)
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Filing 198
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated May 18, 2017 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Filing 197
MEMO ENDORSEMENT on re: #196 Letter filed by Rachel Scalabrini. ENDORSEMENT: Application granted. The Estate and Ms. Scalabrini may submit materials in support of their stipulated dismissal by May 19, 2017. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/3/2017) (anc)
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Filing 196
JOINT LETTER addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated May 2, 2017 re: Update the Court Regarding Status of Submission. Document filed by Rachel Scalabrini.(Galisewski, Ryan)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/26/2017. (Court Reporter Sam Mauro) (Daniels, Anthony)
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Filing 195
ORDER. The telephone conference scheduled for 3:00 p.m. today (April 26, 2017) is adjourned to today (April 26, 2017) at 5:00 p.m. Counsel for Plaintiff and Defendant Scalabrini are directed to call Chambers (212-805-0296) at that time with both parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on April 26, 2017) (Text Only Order)(Woods, Gregory)
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Filing 194
ORDER. The Court will hold a telephone conference to discuss the stipulation and proposed order submitted by Plaintiff and Defendant Scalabrini on April 26, 2017 at 3:00 p.m. Counsel for Plaintiff and Defendant Scalabrini are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on April 26, 2017) (Text Only Order) (Woods, Gregory)
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Filing 193
ORDER: granting #192 Letter Motion for Extension of Time. By letter dated April 20, 2017, the parties have requested that the Court extend the deadline for the plaintiff to apply for restoration of the case to the Court's active calendar, or, alternatively, for the parties to submit a stipulation of settlement and dismissal. That application is GRANTED. Accordingly, the deadline for the plaintiff to apply for restoration of the case to the Court's active calendar, or, alternatively, for the parties to submit a stipulation of settlement and dismissal, is extended to June 20, 2017. The Clerk of Court is directed to terminate the letter motion pending at Dkt. No. 192. (Signed by Judge Gregory H. Woods on 4/21/2017) (ap)
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Filing 192
JOINT LETTER MOTION for Extension of Time to Finalize Settlement addressed to Judge Gregory H. Woods from Akiva M. Cohen and Sheryl Koval Garko dated April 20, 2017. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 191
ORDER: It is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within sixty (60) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 60-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/22/2017) (anc)
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Terminate Transcript Deadlines re: #76 ; #111 ; #113 ; #151 . (anc)
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Filing 190
JOINT LETTER addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated February 21, 2017 re: Update the Court Regarding Status of Settlement. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Mediator Session Held on 2/16/2017 at Mediator's Office.(mf)
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Filing 188
ORDER granting #186 Letter Motion to Adjourn Conference. Application granted. The telephone conference scheduled for February 23, 2017 is adjourned to February 28, 2017 at 1:00 p.m. Counsel for Plaintiff and Ms. Scalabrini are directed to confer regarding trial dates in advance of the conference and are directed to call Chambers (212-805-0296) on February 28, 2017 at 1:00 p.m. with both parties on the line. Mr. Cohen is directed to comply in the future with the Court's Individual Rule 1(E), which requires that a request for an adjournment state whether the adversary consents and include proposed alternative dates that are feasible for all parties. SO ORDERED. (Telephone Conference set for 2/28/2017 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/10/2017) (anc)
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Filing 187
LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Ryan D. Galisewski dated February 10, 2017 re: #186 LETTER MOTION to Adjourn Conference scheduled for February 23, 2017, addressed to Judge Gregory H. Woods from Akiva M. Cohen dated February 10, 2017. Counsel for Scalabrini is available on all dates with the exception of Tuesday, March 7. Document filed by Rachel Scalabrini. (Galisewski, Ryan)
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Filing 186
LETTER MOTION to Adjourn Conference scheduled for February 23, 2017, addressed to Judge Gregory H. Woods from Akiva M. Cohen dated February 10, 2017. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 185
ORDER. The Court will hold a telephone conference on February 23, 2017 at 3:00 p.m. to establish a schedule for the trial of Plaintiff's claims against Ms. Scalabrini as well as a schedule for pretrial submissions. Counsel for Plaintiff and Ms. Scalabrini are directed to confer regarding trial dates in advance of the conference and are directed to call Chambers (212-805-0296) on February 23, 2017 at 3:00 p.m. with both parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on January 27, 2017) (Text Only Order) (Woods, Gregory)
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Filing 184
ORDER granting #183 JOINT LETTER MOTION for Extension of Time and notification of settlement addressed to Judge Gregory H. Woods from Akiva M. Cohen and Sheryl Koval Garko dated January 24, 2017. Document filed by Bridget Marks. Application granted. In light of the contemplated settlement of all claims asserted in this action against Defendant EMC, all deadlines and conferences relating to those claims are adjourned sine die. The parties are directed to submit a status letter no later than February 21, 2017 regarding the status of those claims. This order has no effect on the claims asserted in this action against Defendant Rachel Scalabrini. The Clerk of Court is directed to terminate the letter motion pending at Dkt. No. 183. So ordered. The following deadline(s) was terminated: Deposition Deadline, Expert Discovery Deadline, Fact Discovery Deadline, Motions Deadline, Reply Deadline. (Signed by Judge Gregory H. Woods on 1/24/2017) (rjm).
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Filing 183
JOINT LETTER MOTION for Extension of Time and notification of settlement addressed to Judge Gregory H. Woods from Akiva M. Cohen and Sheryl Koval Garko dated January 24, 2017. Document filed by Bridget Marks.(Cohen, Akiva)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/16/2017, 9:30 AM at the Offices of the Mediator.(cda)
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Filing 182
MEMO ENDORSEMENT on re: #181 JOINT LETTER addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated January 10, 2017 re: Request for Extension of Time to File Reply Brief. Document filed by Energy Material Corporation. ENDORSEMENT: Application granted. The deadline for Defendant EMC to file and serve its reply brief is extended to January 30, 2017. So ordered. (Replies due by 1/30/2017.) (Signed by Judge Gregory H. Woods on 1/11/2017) (rjm)
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MEDIATOR SESSION NOT HELD Mediator Session scheduled for 1/10/2017 at Mediator's Office was NOT held.(mf)
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Filing 181
JOINT LETTER addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated January 10, 2017 re: Request for Extension of Time to File Reply Brief. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Filing 180
MEMO ENDORSEMENT on re: #179 Letter filed by Energy Material Corporation. ENDORSEMENT: The Court understands that the assigned mediator has approved Defendant Energy Materials Corporation's ("EMC") absence from the mediation scheduled for January 10, 2017 in light of independent settlement discussions between Plaintiff and EMC. No action is required from the Court. The parties are requested to inform the Court promptly if a settlement is reached. (Signed by Judge Gregory H. Woods on 1/9/2017) (kgo)
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Filing 179
LETTER addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated January 9, 2017 re: Mediation scheduled for tomorrow, January 10, 2017. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Filing 178
ORDER granting #177 Letter Motion for Extension of Time to File Response/Reply re #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. Application granted. The deadline for Defendant Energy Materials Corporation's reply brief in support of its motion to dismiss is extended to January 16, 2017. (Replies due by 1/16/2017.) (Signed by Judge Gregory H. Woods on 12/27/2016) (cla)
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Filing 177
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated December 27, 2016. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Filing 176
MEMORANDUM OF LAW in Opposition re: #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. . Document filed by Bridget Marks. (Attachments: #1 Declaration of Akiva M. Cohen, #2 Exhibit Second Amended Complaint, #3 Exhibit Technology Purchase Agreement)(Cohen, Akiva)
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MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/10/2017, 10:00 AM at the Offices of the Mediator.(cda)
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***DELETED DOCUMENT. Deleted document number #176 CASE MANAGEMENT PLAN. The document was incorrectly filed in this case. Deleted as per emailed request of Judge Woods' Chambers. (kgo)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/2/2016. (Court Reporter Khris Sellin) (Daniels, Anthony)
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Filing 175
ORDER. As stated on the record during the telephone conference held on December 2, 2016, Plaintiff's motion to compel the production of documents on the basis of waiver of privilege is denied. Both parties are ordered to complete their production of documents responsive to outstanding discovery requests no later than January 27, 2017. (HEREBY ORDERED by Judge Gregory H. Woods on December 2, 2016) (Text Only Order)(Woods, Gregory)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediation session should take place preferably in December 2016, however no later than January 15, 2017, as per assigned Judge(cda)
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Filing 174
AMENDED MEMORANDUM OF LAW in Support re: #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. . Document filed by Energy Material Corporation. (Hosp, R.)
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Filing 173
ORDER. Plaintiff's unopposed request to reschedule the December 2, 2016 telephone conference, Dkt. No. 169, is granted. The Court will hold the telephone conference on December 2, 2016 at 12:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on December 1, 2016) (Text Only Order)(Woods, Gregory)
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Filing 172
DECLARATION of R. David Hosp in Support re: #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks.. Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hosp, R.)
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Filing 171
MEMORANDUM OF LAW in Support re: #170 MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. . Document filed by Energy Material Corporation. (Hosp, R.)
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Filing 170
MOTION to Dismiss Defendant Energy Materials Corporation's Notice of Motion and Motion to Dismiss Second Amended Complaint of Bridget Marks as Personal Representative of the Estate of Alvin M. Marks. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 169
LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 30, 2016 re: Conference Schedule. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 168
ORDER. The Court will hold a telephone conference regarding the parties' November 29, 2016 letter, Dkt. No. 167, on December 2, 2016 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on November 29, 2016) (Text Only Order)(Woods, Gregory)
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Filing 167
LETTER MOTION for Discovery re waiver of privilege addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 29, 2016. Document filed by Bridget Marks. (Attachments: #1 Exhibit E-mail dated October 6, 2015, #2 Exhibit Pages from transcript of conference, #3 Exhibit E-mail dated October 21, 2015, #4 Exhibit E-mail dated September 26, 2016, #5 Exhibit E-mail dated September 27, 2016 10:58 AM, #6 Exhibit E-mail dated November 22, 2016 5:13 AM, #7 Exhibit E-mail dated September 27, 2016 1:09 PM, #8 Exhibit E-mail dated November 22, 2016 8:15 AM, #9 Exhibit E-mail dated November 15, 2016)(Cohen, Akiva)
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Filing 166
MEDIATION REFERRAL ORDER. It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. This action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 12/9/2016. Mediator Expertise Request due by 12/5/2016. (Signed by Judge Gregory H. Woods on 11/29/2016) (rjm)
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Filing 165
JOINT LETTER addressed to Judge Gregory H. Woods from Sheryl Garko dated November 28, 2016 re: Mediation. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 164
ORDER. As stated on the record during the telephone conference held on November 21, 2016, Defendant Energy Materials Corporation ("EMC") is granted leave to file a motion to dismiss the second amended complaint. EMC's motion to dismiss is due no later than November 30, 2016. Plaintiff's opposition to EMC's motion is due no later than December 21, 2016. EMC's reply, if any, is due no later than January 4, 2017. EMC's motion for a stay of discovery is denied. The Court will enter, by separate order, a schedule governing the conduct of additional discovery on Plaintiff's claims against EMC. The parties are directed to submit a joint letter to the Court no later than November 28, 2016 stating whether they would like the Court to enter a reference to mediation or for a settlement conference. (HEREBY ORDERED by Judge Gregory H. Woods on November 22, 2016) (Text Only Order)(Woods, Gregory)
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Filing 163
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Motions for summary judgment due by 6/23/2017. Deposition due by 4/14/2017. Fact Discovery due by 4/14/2017. Expert Discovery due by 5/26/2017, and as further set forth in this Civil Case Management Plan and Scheduling Order. (Signed by Judge Gregory H. Woods on 11/21/2016) (rjm)
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Filing 162
JOINT LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 21, 2016 re: Jointly Submitted Proposed Scheduling Order. Document filed by Bridget Marks. (Attachments: #1 Text of Proposed Order)(Cohen, Akiva)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/21/2016. (Court Reporter Linda Fisher) (Daniels, A.)
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Filing 161
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Yuliya Neverova on behalf of Rachel Scalabrini (Neverova, Yuliya)
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Filing 160
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Ryan David Galisewski on behalf of Rachel Scalabrini (Galisewski, Ryan)
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Filing 159
ORDER granting #157 Letter Motion for Conference. Defendant Energy Materials Corporation's request for a pre-motion conference is granted. The Court will hold a telephone conference regarding Defendant's proposed motion to dismiss, as well as the issues raised in Plaintiff's letter dated November 16, 2016 (Dkt. No. 158), on November 21, 2016 at 11:30 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 158
LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 16, 2016 re: Pre-Motion Conference. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 157
LETTER MOTION for Conference re: #150 Amended Complaint (Motion to Dismiss) addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated 11/14/2016. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Appeal Fee Refunded: for #155 Notice of Appeal,. Filing fee refunded for Receipt number 0208-12899936, for the following reason(s): DUPLICATE PAYMENT. (dig)
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Filing 156
NOTICE OF APPEAL from #149 Order on Motion to Amend/Correct, Order on Motion for Reconsideration, Order on Motion to Seal Document,,,,,,,,,,,,. Document filed by Energy Material Corporation. Filing fee $ 505.00, receipt number 0208-12900883. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hosp, R.)
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Filing 155
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Energy Material Corporation. Filing fee $ 505.00, receipt number 0208-12899936. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Hosp, R.) Modified on 10/21/2016 (tp).
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #156 Notice of Appeal. (tp)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Hosp, R. to RE-FILE Document No. #155 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #156 Notice of Appeal, filed by Energy Material Corporation were transmitted to the U.S. Court of Appeals. (tp)
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Filing 154
ORDER granting #153 Letter Motion for Extension of Time to File Response/Reply. Application granted. The deadline for defendant Energy Materials Corporation to answer or otherwise respond to the second amended complaint is extended to November 15, 2016. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 153. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/17/2016) (kl)
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Filing 153
LETTER MOTION for Extension of Time to File Response/Reply as to #150 Amended Complaint addressed to Judge Gregory H. Woods from R. David Hosp dated October 17, 2016. Document filed by Energy Material Corporation.(Hosp, R.)
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Set/Reset Deadlines: Energy Material Corporation answer due 11/15/2016. (kl)
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Filing 152
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/23/16 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)
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Filing 151
TRANSCRIPT of Proceedings re: conference held on 9/23/2016 before Judge Gregory H. Woods. Court Reporter/Transcriber: Pamela Utter, (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 10/31/2016. Redacted Transcript Deadline set for 11/10/2016. Release of Transcript Restriction set for 1/6/2017.(McGuirk, Kelly)
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Filing 150
SECOND AMENDED COMPLAINT amending #24 Amended Complaint against Energy Material Corporation, Rachel Scalabrini with JURY DEMAND.Document filed by Bridget Marks. Related document: #24 Amended Complaint filed by Bridget Marks.(Cohen, Akiva)
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Filing 149
ORDER granting #126 Motion to Amend/Correct #24 Amended Complaint; granting #126 Motion for Reconsideration re #63 Memorandum & Opinion; terminating #129 Motion to Seal Document. For the reasons stated on the record during the telephone conference held on September 23, 2016, plaintiff's motion for reconsideration and for leave to amend its complaint, Dkt. 126, is granted. Plaintiff is directed to file her second amended complaint no later than October 5, 2016. The Clerk of Court is instructed to amend the official caption to reflect that Energy Materials Corporation has been reinstated as a defendant in this case. In addition, the Court's preliminary rulings regarding EMC's desired redactions to the briefing and exhibits in support of plaintiff's motion and EMC's opposition, made on the record during the telephone conferences held on November 23, 2015 and December 3, 2015, are now final. The Clerk of Court is directed to terminate the motions pending at docket numbers 126 and 129. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/23/2016) (kko)
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Set/Reset Deadlines: Amended Pleadings due by 10/5/2016. (kko)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/23/2016. (Court Reporter Pamela Utter) (Daniels, Anthony)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/9/2016. (Daniels, Anthony)
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Filing 148
ORDER granting #139 Application for the Court to Request Counsel. For the reasons stated on the record during the telephone conference held on September 9, 2016, Ms. Scalabrini's application for the Court to request pro bono counsel is granted. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 147
ORDER. The Court will hear oral argument on plaintiff's pending motion for reconsideration via telephone conference on September 23, 2016 at 2:00 p.m. The parties, as well as counsel for non-party EMC, are directed to call Chambers (212-805-0296) at that time. (Signed by Judge Gregory H. Woods on September 9, 2016) (Woods, Gregory)
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Filing 146
DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE OF THE DEFENDANT'S UNDISPUTED MATERIAL FACTS AND DEFENDANT'S RESPONSE TO THE PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS. Document filed by Rachel Scalabrini. (sc)
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Filing 145
LETTER from Rachel Scalabrini, dated 9/7/16 re: FILING OF EXHIBIT 13. Document filed by Rachel Scalabrini.(sc)
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Filing 144
DECLARATION of Akiva M. Cohen (refiled Docket No. 100 solely to attach unredacted Exhibit 15 pursuant to the Court's Order of 9/2/16, other Exhibits not attached) in Support re: #97 CROSS MOTION for Summary Judgment .. Document filed by Bridget Marks. (Attachments: #1 Exhibit Unredacted version of Exhibit 15 pursuant to Court's Order in Docket No. 142)(Cohen, Akiva)
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Filing 143
ORDER. The Court will hold a telephone conference to discuss the next steps in this litigation on September 9, 2016 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. The Court requests that counsel for EMC attend this conference in addition to Ms. Scalabrini and counsel for plaintiff. SO ORDERED. (Telephone Conference set for 9/9/2016 at 02:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 9/2/2016) (rjm)
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Filing 142
ORDER terminating #102 Motion to Seal Document; terminating #115 Motion to Seal Document. The Court's preliminary oral decisions regarding the permitted redactions are now modified as follows and made final: 1) Plaintiff is directed to file, as Exhibit 15 to its cross-motion for summary judgment, the pages of the Deluca deposition transcript referenced in the Court's September 1, 2016 Memorandum Opinion and Order, namely pages 42, 43, 97, 102, 103, 105, 106, and 121. 2) Defendant is directed to file, as Exhibit 13 to her motion for summary judgment, the letter from Dr. Deluca to Jamie Aitken previously filed under seal as Defendant's Exhibit 13. The Court anticipates that EMC will wish to redact the pricing information contained in paragraphs 3, 4, 5, 6, 7, and 8 of this letter. The dollar amounts in those paragraphs may be redacted. Defendant Scalabrini is directed to confer with counsel for EMC prior to filing the letter to confirm whether it wishes that such pricing information be redacted. 3) The parties are directed to file a version of their Rule 56.1 statement, Dkt. 123, removing the redactions in paragraph 58. The Clerk of Court is instructed to terminate the motions pending at Dkt. Nos. 102 and 115. (Signed by Judge Gregory H. Woods on 9/2/2016) (kko)
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Filing 141
MEMORANDUM OPINION AND ORDER re: #97 CROSS MOTION for Summary Judgment filed by Bridget Marks, #92 MOTION for Summary Judgment filed by Rachel Scalabrini. For the foregoing reasons, both Defendant's and Plaintiff's motions for summary judgment are DENIED. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 92 and 97. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 9/2/2016) (kko)
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Filing 140
ORDER. The Court has received Defendant Scalabrini's application for the Court to request pro bono counsel dated January 22, 2016. The Court expects to act on the application for counsel, if appropriate, once it has decided the pending cross-motions for summary judgment. (HEREBY ORDERED by Judge Gregory H. Woods on January 27, 2016) (Text Only Order)(Woods, Gregory)
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Filing 139
APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Rachel Scalabrini.(sc)
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Filing 138
REPLY AFFIRMATION of Akiva M. Cohen in Support re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, .. Document filed by Bridget Marks. (Attachments: #1 Exhibit Email with R. Scalabrini, #2 Exhibit Email with counsel for EMC)(Cohen, Akiva)
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Filing 137
REPLY MEMORANDUM OF LAW in Support re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, . Redacted per the Court's Instructions. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 136
DECLARATION of Sheryl Koval Garko in Opposition re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, .. Document filed by Energy Material Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Garko, Sheryl)
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Filing 135
RESPONSE in Opposition to Motion re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, . Energy Materials Corporation's Opposition to Plaintiff's Motion for Relief from the Court's June 10, 2015 Order Dismissing Claims Against Energy Materials Corporation. Document filed by Energy Material Corporation. (Garko, Sheryl)
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Filing 134
COUNTER STATEMENT TO #94 Rule 56.1 Statement. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 133
MEMORANDUM OF LAW in Support re: #97 CROSS MOTION for Summary Judgment ., #92 MOTION for Summary Judgment. Redacted Per Court's Rulings. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 132
MEMORANDUM OF LAW in Support re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, . Redacted Per Court Instructions. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 131
REPLY MEMORANDUM OF LAW in Support re: #97 CROSS MOTION for Summary Judgment . . Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 130
NOTICE OF CHANGE OF ADDRESS by Akiva Meir Cohen on behalf of Bridget Marks. New Address: Kamerman, Uncyk, Soniker & Klein, P.C., 1700 Broadway, 42nd Floor, New York, New York, USA 10019, 212-400-4930. (Cohen, Akiva)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/14/2015. (Court Reporter Pamela Utter) (Daniels, Anthony)
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Filing 129
LETTER MOTION to Seal Document #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, ., #128 Memorandum of Law in Support of Motion, #127 Declaration in Support of Motion,, addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated December 7, 2015. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Filing 128
MEMORANDUM OF LAW in Support re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, . . Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 127
DECLARATION of Akiva M. Cohen in Support re: #126 MOTION to Amend/Correct #24 Amended Complaint . MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, .. Document filed by Bridget Marks. (Attachments: #1 June 9 Order, #2 Amended Complaint, #3 Redacted Proposed Second Amended Complaint, #4 DeLuca Transcript, #5 E-mail dated May 11, 2011, #6 E-mail dated March 14, 2011, #7 Document Requests, #8 E-mail dated June 3, 2015, #9 E-mail dated August 18, 2015, #10 E-mail dated April 26, 2006, #11 Technology Purchase Agreement)(Cohen, Akiva)
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Filing 126
MOTION to Amend/Correct #24 Amended Complaint ., MOTION for Reconsideration re; #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,, . Document filed by Bridget Marks.(Cohen, Akiva)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/3/2015. (Daniels, Anthony)
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Filing 125
(REDACTED) AFFIDAVIT IN SUPPORT OF OPPOSITION TO PLAINTIFF'S SUMMARY JUDGMENT. Document filed by Rachel Scalabrini. (Attachments: #1 Exhibits, #2 Exhibits)(man)
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Filing 124
(REDACTED) DEFENDANT'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Document filed by Rachel Scalabrini. (man)
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Filing 123
(REDACTED) DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE OF DEFENDANT'S UNDISPUTED MATERIAL FACTS AND DEFENDANT'S RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS. Document filed by Rachel Scalabrini. (man)
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Filing 122
ORDER. The Court will hold a telephone conference to further address the proposed redactions to the Estate's Memorandum of Law, Dkt. 115, on December 3, 2015 at 10:00 a.m. Counsel for Plaintiff and EMC are directed to jointly call Chambers at that time. Plaintiff is directed to provide dial-in information for the call to Defendant Scalabrini, who may join the call to the extent she wishes to participate. (HEREBY ORDERED by Judge Gregory H. Woods on November 30, 2015) (Text Only Order)(Woods, Gregory)
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Filing 121
ORDER granting #120 Letter Motion for Extension of Time. Plaintiff's request for an extension is granted. Plaintiff's motion for reconsideration is due no later than December 7, 2015, EMC's opposition is due no later than January 8, 2016, and Plaintiff's reply, if any, is due by one week later. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 120
CONSENT LETTER MOTION for Extension of Time to File Motion for Reconsideration and Leave to Amend addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 24, 2015. Document filed by Bridget Marks.(Cohen, Akiva)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/23/2015. (Court Reporter Steven Greenblum) (Daniels, Anthony)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/20/2015. (Court Reporter Vincent Bologna) (Daniels, Anthony)
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Filing 119
ORDER. For the reasons discussed on the record during the November 20, 2015 telephone conference, Defendant Scalabrini's request that the Court grant summary judgment or a default judgment against Plaintiff for the reasons asserted in her request for the issuance of an order to show cause, Dkt. No. 104, is denied. The deadline for Defendant to reply to Plaintiff's opposition to her motion for summary judgment and to oppose Plaintiff's cross-motion for summary judgment is extended to December 14, 2015. Plaintiff's sur-reply addressing Defendant's opposition to Plaintiff's cross-motion is due no later than December 21, 2015. (Signed by Judge Gregory H. Woods on November 20, 2015) (Woods, Gregory)
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Filing 118
REPLY TO PLAINTIFF'S OPPOSITION OF THE ORDER TO SHOW CAUSE re: #107 Declaration of Akiva M. Cohen in Opposition re: #104 Order to Show Cause - Unsigned. Document filed by Rachel Scalabrini. (kl)
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Filing 117
ORDER. The Court has received EMC's letter motion,Dkt. 115, requesting the redaction and sealing of certain documents and will take the motion under advisement. The Court will hold a telephone conference regarding this motion on Monday, November 23, 2015, at 4:30 p.m. Counsel for Plaintiff and EMC are directed to jointly call Chambers at that time. Plaintiff is directed to provide the dial-in information for the call to Defendant Scalabrini, who may join the call to the extent she wishes to participate. (Signed by Judge Gregory H. Woods on November 19, 2015) (Woods, Gregory)
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Filing 116
REDACTION to #115 LETTER MOTION to Seal Document 106 Order,,, addressed to Judge Gregory H. Woods from Sheryl Garko dated 11/19/2015. by Energy Material Corporation (Attachments: #1 Exhibit Ex 1 - Redacted Dkt. 98, #2 Exhibit Ex 2 - Redacted Dkt. 100-15, #3 Exhibit Ex 3 - Redacted Dkt 101)(Garko, Sheryl)
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Filing 115
LETTER MOTION to Seal Document 106 Order,,, addressed to Judge Gregory H. Woods from Sheryl Garko dated 11/19/2015. Document filed by Energy Material Corporation. (Attachments: #1 Affidavit of Stephan DeLuca, #2 Affidavit of Sheryl Garko)(Garko, Sheryl)
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Filing 114
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/12/15 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)
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Filing 113
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/12/2015 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/20/2016.(McGuirk, Kelly)
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Filing 112
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/21/15 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)
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Filing 111
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/21/2015 before Judge Gregory H. Woods. Court Reporter/Transcriber: Pamela Utter, (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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly)
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Filing 110
ORDER modifying Dkt. 105. In light of Plaintiff's declaration at Dkt. 107, responding to Defendant Scalabrini's order to show cause, the Court is rescheduling the telephone conference originally set for December 2, 2015 to November 20, 2015 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) jointly at that time. If Defendant Scalabrini would like to make any further submissions in response to Plaintiff's declaration she may do so no later than November 19, 2015. (Signed by Judge Gregory H. Woods on November 18, 2015) (Woods, Gregory)
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Filing 109
ORDER granting #108 Letter Motion for Extension of Time. EMC's request for an extension of time, Dkt. 108, is granted. The letter brief and declaration described in this Court's order at Dkt. 106 are due by November 19, 2015, at 5:00 p.m. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 108
LETTER MOTION for Extension of Time to submit letter brief and supporting declaration directed to be filed by this Court's order of today (D.106) addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated 11/17/2015. Document filed by Energy Material Corporation.(Garko, Sheryl)
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Filing 107
DECLARATION of Akiva M. Cohen in Opposition re: #104 Order to Show Cause - Unsigned. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 106
ORDER. In accordance with Rule 4(A) of this Court's Individual Practices, EMC's response to Dkt. 102 supporting its requested redactions and seeking to have unredacted versions of the documents filed under seal must include a letter brief and supporting declaration justifying - on a particularized basis - the redaction and sealing of such documents. The parties should be aware that the Court will unseal documents if it is unable to make "specific, on the record findings... demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). (Signed by Judge Gregory H. Woods on November 17, 2015) (Woods, Gregory)
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Filing 105
ORDER. The Court has received Defendant Scalabrini's Order to Show Cause dated November 17, 2015. Dkt. No. 104. Plaintiff's opposition is due no later than November 24, 2015, and Defendant's reply, if any, is due no later than December 1, 2015. The Court will hold a telephone conference regarding this motion on December 2, 2015 at 3:30 p.m. The parties are directly to call Chambers (212-805-0296) jointly at that time. (Signed by Judge Gregory H. Woods on November 17, 2015) (Woods, Gregory)
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Filing 104
UNSIGNED ORDER TO SHOW CAUSE filed by Rachel Scalabrini. (man)
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Filing 103
ORDER. The Court grants EMC's request to have until Wednesday, November 18, 2015 at 5:00 p.m. to review the review the redacted materials filed by Plaintiff earlier today and to respond to Plaintiff's letter motion at Dkt. 102. The Court will reserve judgment on Plaintiff's letter motion until after EMC has completed its review. (HEREBY ORDERED by Judge Gregory H. Woods on November 16, 2015) (Text Only Order)(Woods, Gregory) Modified on 11/16/2015 (Daniels, Anthony).
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Filing 102
LETTER MOTION to Seal Document 98 Memorandum of Law in Support of Motion, #100 Declaration in Support of Motion,,,,,, 101 Counter Statement to Rule 56.1, Rule 56.1 Statement addressed to Judge Gregory H. Woods from Akiva M. Cohen dated November 16, 2015. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 100
DECLARATION of Akiva M. Cohen in Support re: #97 CROSS MOTION for Summary Judgment ., #92 MOTION for Summary Judgment.. Document filed by Bridget Marks. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Answer, #3 Exhibit Quensor Patent, #4 Exhibit Technology Purchase Agreement, #5 Exhibit 1983 Agreement, #6 Exhibit Docket for Petition to Probate filed by Aitken, #7 Exhibit Docket for Petition to be Named Personal Representative filed by Marks, #8 Exhibit Order Appointing Marks Personal Representative, #9 Exhibit Death Certificate, #10 Exhibit Guardianship Decree, #11 Exhibit Power of Attorney, #12 Exhibit Divorce Decree, #13 Exhibit Purported 2005 Will, #14 Exhibit Lumeloid Patent, #15 Exhibit Redacted (Pages of DeLuca Transcript), #16 Exhibit 4/24/06 e-mail from Aitken to Marks, #17 Exhibit Redacted (EMC-DEL_000196), #18 Exhibit Redacted (EMC-DEL_000194), #19 Exhibit Redacted (EMC-DEL_000198), #20 Exhibit General Release, #21 Exhibit Redacted (EMC-DEL_000209), #22 Exhibit Separation Agreement, #23 Exhibit Child Support Judgment, #24 Exhibit Writ of Execution, #25 Exhibit Redacted (EMC-DEL_000142), #26 Exhibit Redacted (EMC-DEL_000138), #27 Exhibit Redacted (EMC-DEL_000228), #28 Exhibit Scalabrini e-mail, #29 Exhibit Scalabrini e-mail, #30 Exhibit Scalabrini e-mail, #31 Exhibit Scalabrini e-mail, #32 Exhibit Scalabrini e-mail, #33 Exhibit Demand for Return of Shares and Scalabrini Refusal)(Cohen, Akiva)
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Filing 99
DECLARATION of Bridget Marks in Support re: #97 CROSS MOTION for Summary Judgment .. Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 97
CROSS MOTION for Summary Judgment . Document filed by Bridget Marks. Responses due by 11/30/2015(Cohen, Akiva)
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Filing 96
LETTER MOTION for Conference (Redacted Version of Document No. 85) addressed to Judge Gregory H. Woods from Akiva M. Cohen dated October 20, 2015. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 95
ORDER granting #88 Letter Motion for Leave to File Document. Plaintiff's request for leave to file a motion for reconsideration of this Court's June 9, 2015 order, Dkt. 63, is granted. The Estate's motion is due no later than November 30, 2015. Ms. Scalabrini and Energy Materials Corporation's oppositions are due by December 21, 2015, and the Estate's reply, if any, is due by December 28, 2015. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 91
LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Sheryl Garko dated October 22, 2015 re: #88 LETTER MOTION for Leave to File Motion for Reconsideration of the Court's June 9, 2015 Order dismissing claims against Energy Materials Corporation addressed to Judge Gregory H. Woods from Akiva M. Cohen dated October 22, 2015. . Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A)(Garko, Sheryl)
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Filing 94
RULE 56.1 STATEMENT. Document filed by Rachel Scalabrini. (sac)
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Filing 93
AFFIDAVIT of Rachel C. Scalabrini in Support re: #92 MOTION for Summary Judgment. Document filed by Rachel Scalabrini. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document)(sac)
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Filing 92
MOTION for Summary Judgment. Document filed by Rachel Scalabrini.(sac)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/26/2015. (Court Reporter Rose Prater) (Daniels, Anthony)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sheryl Koval Garko to RE-FILE Document #89 LETTER MOTION for Leave to File Opposing Request for Leave to File Motion for Reconsideration D88 addressed to Judge Gregory H. Woods from Sheryl Garko dated October 22, 2015. Use the event type Response to Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 90
ORDER denying as moot #86 Letter Motion for Discovery. Energy Materials Corporation's letter motion, Dkt. 86, is denied as moot in light of this Court's order at Dkt. 87 insofar as it requests that the Court deny Plaintiff's request to compel production of documents. With respect to the confidential materials filed with Dkt. 85, Plaintiff's counsel is referred to this Court's Individual Rule 4.A and is directed to re-file its letter in accordance with this Rule so that a redacted version of the letter is publicly available on the docket. Plaintiff's request for a pre-motion conference, Dkt. 88, is granted. The pre-motion conference will take place by telephone on October 26, 2015 at 9:30 am. Plaintiff is directed to provide dial-in information to Defendant Rachel Scalabrini and counsel for Energy Materials Corporation and Stephan DeLuca, and the parties are directed to jointly call Chambers when they are all on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 89
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Opposing Request for Leave to File Motion for Reconsideration D88 addressed to Judge Gregory H. Woods from Sheryl Garko dated October 22, 2015. Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A)(Garko, Sheryl) Modified on 10/26/2015 (ldi).
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Filing 88
LETTER MOTION for Leave to File Motion for Reconsideration of the Court's June 9, 2015 Order dismissing claims against Energy Materials Corporation addressed to Judge Gregory H. Woods from Akiva M. Cohen dated October 22, 2015. Document filed by Bridget Marks.(Cohen, Akiva)
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Set/Reset Hearings: Telephone Conference set for 10/26/2015 at 09:30 AM before Judge Gregory H. Woods. (Daniels, Anthony)
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Filing 87
ORDER withdrawing #84 Motion for Summary Judgment. For the reasons discussed on the record during the status conference on October 21, 2015, Plaintiff's letter motion seeking to extend discovery and compel production of documents, Dkt. 85, is denied. As discussed during the same conference, Defendant withdraws her motion for summary judgment, Dkt. 84, and expects to re-file a revised motion and supporting papers shortly. Plaintiff's opposition and cross-motion for summary judgment are due three weeks from the date of service of Defendant's motion, and Defendant's reply is due two weeks after Plaintiff's opposition. Plaintiff may file a sur-reply addressing Defendant's opposition to Plaintiff's cross-claims, and due one week after Defendant's reply. The Clerk of Court is directed to terminate the motions pending at Dkt. 84 and 85. (Signed by Judge Gregory H. Woods on 10/21/2015) (kko)
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Filing 86
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Responding to Plaintiff's Letter Motion Dkt No. 85 addressed to Judge Gregory H. Woods from Sheryl Garko dated October 21, 2015. Document filed by Energy Material Corporation.(Garko, Sheryl) Modified on 10/22/2015 (db).
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/21/2015. (Court Reporter Pamela Utter) (Daniels, Anthony)
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Filing 84
MOTION for Summary Judgment. Document filed by Rachel Scalabrini. (Attachments: #1 main document, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(sc)
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Filing 83
MANDATE of USCA (Certified Copy) as to #65 Notice of Appeal, filed by Bridget Marks. USCA Case Number 15-2194. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/30/2015. (nd)
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Filing 82
ORDER re: #81 Letter filed by Bridget Marks. Plaintiff's August 19, 2015 request is granted. The fact and expert discovery deadlines in this case are extended to October 15, 2015. The summary judgment motion deadline is extended to November 16, 2015. The status conference scheduled for October 2, 2015 is adjourned to October 21, 2015, at 10:00 a.m. Except as expressly modified by this order, the existing case management plan and scheduling order remains in full force and effect. The parties should not expect further extensions of time. (HEREBY ORDERED by Judge Gregory H. Woods on August 20, 2015) (Text Only Order)(Woods, Gregory)
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Filing 81
JOINT LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated August 19, 2015 re: Third Party Discovery and Fact Discovery Schedule. Document filed by Bridget Marks.(Cohen, Akiva)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/12/2015. (Court Reporter Sonya Ketter) (Daniels, Anthony)
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Filing 80
ORDER re: #79 Letter, filed by Rachel Scalabrini. Defendant Rachel Scalabrini's August 10, 2015 request is granted. The pre-motion conference regarding Plaintiff's proposed motion to compel scheduled for August 12, 2015, at 10:00 a.m., will also serve as a pre-motion conference regarding Ms. Scalabrini's proposed summary judgment motion. (HEREBY ORDERED by Judge Gregory H. Woods on August 11, 2015) (Text Only Order)(Woods, Gregory)
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Filing 79
LETTER addressed to Judge Gregory H. Woods from Rachel Scalabrini, dated 8/7/15 re: Defendant Rachel Scalabrini requests that the Court schedule a pre-motion conference in anticipation of filing a FRCP 56(b) summary judgment motion to dismiss the plaintiff's complaint in its entirety. Document filed by Rachel Scalabrini.(sc)
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Filing 78
ORDER: The Court will hold a pre-motion telephone conference regarding Plaintiff's proposed motion to compel on August 12, 2015, at 10:00 a.m. Counsel for Plaintiff and non-parties Energy Materials Corporation and Stephan DeLuca are directed to jointly call Chambers at that time. Plaintiff is directed to provide the dial-in information for the call to Defendant Rachel Scalabrini, who may join the call to the extent she wishes to participate. (Telephone Conference set for 8/12/2015 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/10/2015) (kko)
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Filing 77
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/16/14 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)
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Filing 76
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/16/2014 before Judge Gregory H. Woods. Court Reporter/Transcriber: Pamela Utter, (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 9/3/2015. Redacted Transcript Deadline set for 9/14/2015. Release of Transcript Restriction set for 11/12/2015.(McGuirk, Kelly)
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Filing 75
LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated August 6, 2015 re: Schedule for Premotion Conference. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 74
ORDER striking #69 Motion to Compel Energy Materials Corporation and Stephan DeLuca to comply with subpoenas for testimony and production of documents; terminating #72 Letter Motion for Local Rule 37.2 Conference Regarding Motion to Compel Compliance with Nonparty Subpoenas; denying as moot #73 Letter Motion for Extension of Time; denying as moot #73 Letter Motion for Conference re: #72 LETTER MOTION for Local Rule 37.2 Conference. Plaintiff requests a pre-motion conference regarding a proposed motion to compel non-parties Energy Materials Corporation ("EMC") and Stephan DeLuca to comply with subpoenas for certain testimony and documents. See Dkt. No. 72. The Court is unavailable for a conference prior to August 10, 2015. The Court, however, is willing to refer this discrete issue to Magistrate Judge Dolinger, who may be available for a conference prior to that date. Plaintiff is directed to file a letter informing the Court whether she wishes to (1) wait until the week of August 10, 2015 to hold a pre-motion conference or (2) refer this issue to Magistrate Judge Dolinger. In the event that Plaintiff elects to wait until the week of August 10, 2015, she shall include in her letter dates and times at which counsel for Plaintiff, counsel for non-parties EMC and Mr. DeLuca, and Ms. Scalabrini (to the extent she wishes to participate) are available for a telephone conference. Plaintiff has also filed a motion to compel, see Dkt. No. 69, and EMC and Mr. DeLuca have requested an extension of time to respond to that motion, see Dkt. No. 73. Because Plaintiff's motion was improperly filed in the absence of a pre-motion conference, see GHW Individual Rules of Practice in Civil Cases, Rule 2(C), it is stricken from the record. EMC's and Mr. DeLuca's request for an extension of time is denied as moot. The Clerk of Court is instructed to terminate the motions pending at Dkt. Nos. 69, 72, and 73. (Signed by Judge Gregory H. Woods on 8/3/2015) (kko)
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Filing 73
LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated 07/31/2015., LETTER MOTION for Conference re: #72 LETTER MOTION for Local Rule 37.2 Conference Regarding Motion to Compel Compliance with Nonparty Subpoenas addressed to Judge Gregory H. Woods from Akiva M. Cohen dated July 29, 2015. addressed to Judge Gregory H. Woods from Sheryl Koval Garko dated 07/31/2015. Document filed by Energy Material Corporation. (Attachments: #1 Appendix 1, #2 Appendix 2)(Garko, Sheryl)
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Filing 72
LETTER MOTION for Local Rule 37.2 Conference Regarding Motion to Compel Compliance with Nonparty Subpoenas addressed to Judge Gregory H. Woods from Akiva M. Cohen dated July 29, 2015. Document filed by Bridget Marks. (Attachments: #1 Letter Dated July 10, 2015 Regarding Meet and Confer Efforts, #2 Letter Dated July 15, 2015 Regarding Meet and Confer Efforts, #3 Email Chain Regarding Meet and Confer Efforts)(Cohen, Akiva)
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Filing 71
MEMORANDUM OF LAW in Support re: #69 MOTION to Compel Energy Materials Corporation and Stephan DeLuca to comply with subpoenas for testimony and production of documents . . Document filed by Bridget Marks. (Cohen, Akiva)
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Filing 70
DECLARATION of Akiva M. Cohen in Support re: #69 MOTION to Compel Energy Materials Corporation and Stephan DeLuca to comply with subpoenas for testimony and production of documents .. Document filed by Bridget Marks. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Cohen, Akiva)
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Filing 69
MOTION to Compel Energy Materials Corporation and Stephan DeLuca to comply with subpoenas for testimony and production of documents . Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 68
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Energy Materials and Steven DeLuca to Memorandum of Law in Support of Motion to Compel . Document filed by Bridget Marks.(Cohen, Akiva) Modified on 7/30/2015 (db).
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Filing 67
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Energy Materials Corporation and Stephan DeLuca to comply with subpoenas for testimony and production of documents . Document filed by Bridget Marks. (Attachments: #1 Affidavit Declaration of Akiva M. Cohen in Support of Motion to Compel, #2 Exhibit Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Cohen, Akiva) Modified on 7/30/2015 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Akiva Meir Cohen to E-MAIL Document No. #66 Protective Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db)
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Filing 66
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Protective Order Stipulated by Parties. Document filed by Bridget Marks.(Cohen, Akiva) Modified on 7/13/2015 (db).
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Filing 65
NOTICE OF APPEAL from #63 Memorandum & Opinion, Add and Terminate Parties,,,,,,,,,,,,. Document filed by Bridget Marks. Filing fee $ 505.00, receipt number 0208-11122760. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Certificate of Service)(Felder, Barry)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #65 Notice of Appeal, filed by Bridget Marks were transmitted to the U.S. Court of Appeals. (tp)
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Filing 64
ORDER: As stated on the record during the June 12, 2015 telephone conference, the deadlines in this case are extended as follows: fact discovery must be completed by August 24, 2015, expert discovery must be completed by September 24, 2015, and any summary judgment motions are due by October 23, 2015. The status conference scheduled for September 4, 2015 is adjourned to October 2, 2015, at 10:00 a.m. The joint letter described in this Court's January 14, 2015 order is due by September 25, 2015. The Court's prior scheduling orders remain in effect except as expressly modified above. (As further set forth in this Order) (Expert Discovery due by 9/24/2015., Fact Discovery due by 8/24/2015., Motions due by 10/23/2015., Status Conference set for 10/2/2015 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 6/15/2015) (kl) Modified on 6/15/2015 (kl).
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/12/2015. (Court Reporter Carol Ganley) (Daniels, Anthony)
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Mailed a copy of #63 Memorandum & Opinion to Rachel Scalabrini 20 Hudson Terrace Apt. #2 Sleepy Hollow, NY 10591 by Certified Mail # 7002 2030 0007 7908 1684 with Return Receipt Requested. (Daniels, Anthony)
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Filing 63
MEMORANDUM OPINION AND ORDER re: #35 MOTION to Dismiss First Amended Complaint filed by Energy Material Corporation, #41 MOTION for Judgment on the Pleadings filed by Rachel Scalabrini. For the foregoing reasons, EMC's motion to dismiss is granted in its entirety and Ms. Scalabrini's motion for judgment on the pleadings is denied. As to whether Plaintiff's claims against EMC should be dismissed with or without prejudice, because Plaintiff has appeared through counsel and has not requested leave to file a second amended complaint, declining to grant such leave is within the Court's discretion. Moreover, Plaintiff has already amended her complaint once in response to a motion to dismiss that was substantially similar to instant motion, see Dkt. No. 20, which suggests that granting a further opportunity to amend would be futile, see Williams v. Williams, No. 13-CV-3154 RA, 2015 WL 568842, at *8 (S.D.N.Y. Feb. 11, 2015) (declining to grant leave to amend where the plaintiff had already amended his complaint in response to the defendants' original motion to dismiss); Nasik Breeding & Research Farm Ltd. v. Merck & Co., 165 F. Supp. 2d 514, 544-45 (S.D.N.Y. 2001) (same). Accordingly, the Court dismisses Plaintiff's claims against EMC with prejudice. The Clerk of Court is instructed to terminate the motions pending at Dkt. Nos. 35 and 41, and to amend the official caption to reflect that this case is proceeding against Ms. Scalabrini only. Energy Material Corporation terminated. (Signed by Judge Gregory H. Woods on 6/9/2015) (kko)
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Filing 62
JOINT LETTER addressed to Judge Gregory H. Woods from Akiva M. Cohen dated June 3, 2015 re: Expert Discovery Schedule. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 61
NOTICE OF APPEARANCE by Akiva Meir Cohen on behalf of Bridget Marks. (Cohen, Akiva)
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Filing 60
ORDER granting #59 Motion for Andrew G. Pearson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 59
MOTION for Andrew G. Pearson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Energy Material Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Pearson, Andrew)
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Filing 58
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew G. Pearson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10967487. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Energy Material Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Pearson, Andrew) Modified on 5/28/2015 (sdi).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Andrew G. Pearson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #58 MOTION for Andrew G. Pearson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10967487. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (sdi)
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Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 5/19/2015. (Snell, Kevin)
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Filing 57
ORDER: As stated on the record during the telephone conference held on May 18, 2015, any motion to join an additional party is due by May 25, 2015; any opposition is due within one week after service of the motion; and any reply is due within 5 days after service of the opposition. The deadlines in this case are extended as follows: fact discovery must be completed by July 24, 2015, expert discovery must be completed by August 24, 2015, and any summary judgment motions are due by September 23, 2015. The status conference scheduled for July 24, 2015 is adjourned to September 4, 2015, at 10:00 a.m. The joint letter described in this Court's January 14, 2015 order is due by August 28, 2015. The Court's prior scheduling orders remain in effect except as expressly modified above. The parties should not expect further extensions of the discovery deadlines to be granted. (Expert Discovery due by 8/24/2015. Fact Discovery due by 7/24/2015. Motions due by 9/23/2015.) (Status Conference set for 9/4/2015 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 5/18/2015) (kko)
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Filing 56
SCHEDULING ORDER: It is hereby ORDERED that a telephone conference has been scheduled for TUESDAY, MAY 19, 2015 at 11:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. SO ORDERED. Telephone Conference set for 5/19/2015 at 11:00 AM before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 5/13/2015) Copies Sent By Chambers. (ama)
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Filing 55
JOINT LETTER addressed to Judge Gregory H. Woods from R. David Hosp dated May 14, 2015 re: Mediation and Scheduling. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 54
ORDER. The parties are directed to Section 6(f) of the Court's January 14, 2015 case management plan and scheduling order. That provision of the case management plan allows the parties to modify the specific dates set forth in Section 6(b) through (e) without application to the Court so long as all fact discovery is completed by the fact discovery deadline. (Signed by Judge Gregory H. Woods on March 4, 2015) (Woods, Gregory)
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Filing 53
ORDER. In order to facilitate the parties' settlement discussions, the fact discovery deadline established in the Court's January 14, 2015 Case Management Plan is extended from May 29, 2015 to June 12, 2015. The existing Case Management Plan remains in full force and effect except as expressly modified in this Order. (Signed by Judge Gregory H. Woods on February 27, 2015) (Woods, Gregory)
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Filing 52
SCHEDULING ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action for TUESDAY, MARCH 10, 2015 at 2:00 P.M. at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. SO ORDERED. Settlement Conference set for 3/10/2015 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 2/27/2015) Copies Sent By Chambers. (ama)
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Filing 51
REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss First Amended Complaint. . Document filed by Energy Material Corporation. (Hosp, R.)
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Filing 50
DEFENDANT'S REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS; re: #41 MOTION for Judgment on the Pleadings. Document filed by Rachel Scalabrini. (sc)
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Filing 49
MEMORANDUM OF LAW in Opposition re: #41 MOTION for Judgment on the Pleadings. . Document filed by Bridget Marks. (Felder, Barry)
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Filing 48
DECLARATION of Barry G. Felder in Opposition re: #35 MOTION to Dismiss First Amended Complaint.. Document filed by Bridget Marks. (Attachments: #1 Exhibit A)(Felder, Barry)
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Filing 47
MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss First Amended Complaint. . Document filed by Bridget Marks. (Felder, Barry)
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time. The February 4, 2015 request of defendant Energy Material Corporation is granted. The deadline for completion of initial disclosures is extended to February 11, 2015. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 45
JOINT LETTER MOTION for Extension of Time to Complete Initial Disclosures addressed to Judge Gregory H. Woods from R. David Hosp dated February 4, 2015. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 44
SCHEDULING ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action for WEDNESDAY, FEBRUARY 25, 2015 at 10:00 A.M. at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. The parties are to take note of the following requirements for settlement conferences before the undersigned: 1. The parties are expected to have spoken with each other about their respective settlement positions prior to the settlement conference. 2. The parties are directed to bring with them any documents (including any deposition transcripts) that they consider pertinent to their position on the settlement value of the case. 3. Clients are expected to either attend the conference or be available via telephone during the conference. SO ORDERED. Settlement Conference set for 2/25/2015 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 1/29/2015) Copies Mailed by Chambers. (ajs) Modified on 1/29/2015 (ajs).
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Filing 43
WAIVER OF SERVICE RETURNED EXECUTED. Rachel Scalabrini waiver sent on 1/14/2015, answer due 3/16/2015. Document filed by Bridget Marks. (Felder, Barry)
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Filing 40
ORDER withdrawing #19 Motion to Dismiss. The defendant filed a new motion to dismiss on January 21, 2015, which supersedes this motion. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 42
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS; re: #41 MOTION for Judgment on the Pleadings. Document filed by Rachel Scalabrini. (sc)
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Filing 41
DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS & MEMORANDUM IN SUPPORT THEREOF. Document filed by Rachel Scalabrini.(sc)
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Filing 39
ORDER: As stated during the telephone conference held on January 22, 2015, defendant Rachel Scalabrini's motion to dismiss or for judgment on the pleadings is due by January 30, 2015; Plaintiff's response to both Ms. Scalabrini's motion and to the January 21, 2015 motion to dismiss of defendant Energy Materials Corporation is due by February 13, 2015; and any replies are due within one week after service of Plaintiff's response., ( Motions due by 1/30/2015., Responses due by 2/13/2015.) (Signed by Judge Gregory H. Woods on 1/22/2015) (lmb)
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Filing 38
LETTER MOTION for Conference re: #20 Memorandum of Law in Support of Motion, #19 MOTION to Dismiss Complaint of Bridget Marks, as Personal Representative of the Estate of Alvin M. Marks., #21 Declaration in Support of Motion, Withdrawal of Earlier Filed Motion to Dismiss addressed to Judge Gregory H. Woods from R. David Hosp dated January 22, 2015. Document filed by Energy Material Corporation.(Hosp, R.)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/22/2015. (Court Reporter Lisa Fellis) (Daniels, Anthony)
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Filing 37
MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss First Amended Complaint. . Document filed by Energy Material Corporation. (Hosp, R.)
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Filing 36
DECLARATION in Support re: #35 MOTION to Dismiss First Amended Complaint.. Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hosp, R.)
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Filing 35
MOTION to Dismiss First Amended Complaint. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 34
LETTER addressed to Judge Gregory H. Woods from Barry G. Felder, Esq. dated January 20, 2015 re: Scalabrini Pre-Motion Letter Response. Document filed by Bridget Marks.(Felder, Barry)
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Filing 32
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a U.S. Magistrate Judge, including motions and trial. Deposition due by 5/29/2015. All Fact Discovery due by 5/29/2015. All expert discovery due by 7/13/2015. Motions for summary judgment due by 8/12/2015. This case is to be tried to a jury. Best estimate of the length of trial is 5 days. Status Conference set for 7/24/2015 at 10:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/13/2015) (tro)
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Filing 31
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement (please schedule conference for a date shortly after 2/10/2015). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Gregory H. Woods on 1/13/2015) (tro)
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Set/Reset Deadlines: Expert Discovery due by 7/13/2015. (tro)
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Filing 33
LETTER addressed to Judge Gregory H. Woods from Rachel Scalabrini re: Defendant Rachel Scalabrini requests that the Court dismiss her from this case, because she cannot answer and is not responsible for the other issues within this case (other than the shares of Energy Materials Corporation). Document filed by Rachel Scalabrini.(sc)
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Filing 30
ANSWER to #24 Amended Complaint. Document filed by Rachel Scalabrini.(sc)
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Filing 29
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Rachel Scalabrini consents to receive electronic service via the ECF system. Document filed by Rachel Scalabrini.(sc)
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Filing 28
NOTICE OF PRO SE APPEARANCE by Rachel Scalabrini. (sc)
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Filing 27
STATUS REPORT. Civil Case Management Plan and Scheduling Order Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Rachel Scalabrini. (lcu)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 1/13/2015. (Court Reporter Alena Lynch) (Daniels, Anthony)
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Filing 25
REQUEST FOR ISSUANCE OF SUMMONS as to Rachel Scalabrini, re: #24 Amended Complaint. Document filed by Bridget Marks. (Felder, Barry)
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Filing 24
AMENDED COMPLAINT against Energy Material Corporation, Rachel Scalabrini with JURY DEMAND.Document filed by Bridget Marks.(Felder, Barry)
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Filing 23
LETTER addressed to Judge Gregory H. Woods from Barry Felder, Esq. dated 1.6.15 re: Joint Status Letter. Document filed by Bridget Marks.(Felder, Barry)
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Filing 22
ORDER. Plaintiff's December 24, 2014 request to adjourn the initial pretrial conference in this matter is granted. The initial pretrial conference scheduled for January 9, 2015 is adjourned until January 13, 2015, at 4:00 p.m. (Signed by Judge Gregory H. Woods on December 31, 2014) (Woods, Gregory)
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Filing 21
DECLARATION of R. David Hosp in Support re: #19 MOTION to Dismiss Complaint of Bridget Marks, as Personal Representative of the Estate of Alvin M. Marks.. Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hosp, R.)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss Complaint of Bridget Marks, as Personal Representative of the Estate of Alvin M. Marks. . Document filed by Energy Material Corporation. (Hosp, R.)
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Filing 19
MOTION to Dismiss Complaint of Bridget Marks, as Personal Representative of the Estate of Alvin M. Marks. Document filed by Energy Material Corporation.(Hosp, R.)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney R. David Hosp to RE-FILE Document #17 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney R. David Hosp to RE-FILE Document #18 Affidavit in Support of Motion. ERROR(S): Document linked to filing error. (db)
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Filing 18
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of R. David Hosp in Support re: #17 MOTION to Dismiss . Document filed by Energy Material Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hosp, R.) Modified on 12/29/2014 (db).
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Filing 17
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Energy Material Corporation. (Attachments: #1 Memorandum of Law in Support of EMC's Motion to Dismiss)(Hosp, R.) Modified on 12/29/2014 (db).
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Filing 16
LETTER addressed to Judge Gregory H. Woods from Barry G. Felder dated 12/24/2014 re: Reschedule the conference the Court set for January 9, 2015.. Document filed by Bridget Marks.(Cohen, Akiva)
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Filing 15
ORDER granting #13 Motion for Sheryl Koval Garko to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/16/2014. (Court Reporter Pam Utter) (Daniels, Anthony)
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Filing 14
ORDER: As stated on the record during the pre-motion conference held on December 16, 2014, Defendants' motion to dismiss is due by December 24, 2014; Plaintiff's opposition is due within three weeks after service of Defendants' motion; and Defendants' reply, if any, is due within one week after service of Plaintiff's opposition. Motions due by 12/24/2014. (Signed by Judge Gregory H. Woods on 12/16/2014) (kgo)
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Filing 13
MOTION for Sheryl Koval Garko to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10415482. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Energy Material Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Garko, Sheryl)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Sheryl Koval Garko to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10415482. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 12
LETTER addressed to Judge Gregory H. Woods from Barry G. Felder dated December 15, 2014 re: Response to Request for Pre-Motion Conference re Motion to Dismiss. Document filed by Bridget Marks.(Felder, Barry)
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Filing 11
ORDER granting #10 Letter Motion to Adjourn Conference. Defendant's December 12, 2014 request is granted. The pre-motion telephone conference scheduled for December 11, 2014 is adjourned until December 16, 2014, at 12:00 p.m. Counsel for the parties are directed to jointly call Chambers at that time. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 10
LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from R. David Hosp dated December 12, 2014. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 9
LETTER addressed to Judge Gregory H. Woods from R. David Hosp dated December 9, 2014 re: Request for Pre-Motion Conference re Motion to Dismiss. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 8
NOTICE OF APPEARANCE by Akiva Meir Cohen on behalf of Bridget Marks. (Cohen, Akiva)
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Filing 7
NOTICE OF APPEARANCE by Barry Gene Felder on behalf of Bridget Marks. (Felder, Barry)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/9/2015 at 10:30 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 12/3/2014) (kgo)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 4
ORDER granting #3 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. Defendant's response to the complaint is due by December 11, 2014. (Energy Material Corporation answer due 12/11/2014.) (Signed by Judge Gregory H. Woods on 11/12/2014) (kgo) Modified on 11/13/2014 (kgo). (Main Document 4 replaced on 11/13/2014) (kgo).
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Filing 3
LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from R. David Hosp on behalf of Energy Materials Corporation dated 11-12-2014. Document filed by Energy Material Corporation.(Hosp, R.)
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Filing 2
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 154719-14. (Filing Fee $ 350.00, Receipt Number 465401109645).Document filed by Energy Material Corporation.(lcu) (Additional attachment(s) added on 11/14/2014: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (moh).
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Filing 1
CIVIL COVER SHEET filed. (lcu) (moh).
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Case Designated ECF. (lcu)
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Magistrate Judge Michael H. Dolinger is so designated. (lcu)
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