Dearden v. Glaxosmithkline LLC et al
Plaintiff: April Dearden
Defendant: Glaxosmithkline LLC doing business as GSK and GlaxoSmithKline Consumer Healthcare Holdings (US) LLC doing business as GSK
Case Number: 1:2015cv07628
Filed: September 28, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Dutchess
Presiding Judge: Robert W Sweet
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601 FMLA: Family and Medical Leave Act (Findings and Purposes)
Jury Demanded By: Plaintiff
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This docket was last retrieved on November 16, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2017 Opinion or Order Filing 48 TAXATION OF COSTS: as to #47 Bill of Costs Notice of Taxation. Costs are taxed on November 16, 2017, in favor of GlaxoSmithKline, LLC, et al., against April Dearden in the amount of $1,542.20. Done on submission, no objections filed.(dt)
November 16, 2017 Opinion or Order Minute Entry Bill of Costs: Done on submission on 11/16/2017, no objections filed. (dt)
October 19, 2017 Opinion or Order Filing 47 BILL OF COSTS NOTICE OF TAXATION to recover costs against April Dearden. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 11/2/2017(Ranjo, Jason)
October 19, 2017 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Jason Ranjo to RE-FILE Document #46 Bill of Costs Notice of Taxation. Please Change the Title of your document from Notice OF Request FOR TAXATION OF COSTS to: NOTICE OF APPLICATION FOR COSTS SOUGHT AGAINST THE PLAINTIFF, also change the following: PLEASE TAKE NOTICE that upon the Defendants' Bill of Costs, the Declaration of Jason Ranjo dated October 18, 2017, and the exhibits annexed thereto, the Defendants' will move this Court before the Judgments Clerk, Room 200, at the United States Court for the Southern District of New York, located at 500 Pearl Street, New York, New York 10007, on Thursday November 16, 2017 at 11:00 a.m., or soon thereafter as counsel may be heard, at a time and date to ne determined by the Court. ***(Take out the whole paragraph Please take further notice that any objection to the Bill of Costs must be served in writing prior to or at the time for taxation of costs. When you file the Bill of costs, the date for Objections to Bill of Costs are automatically set for 14 days from the filing of the Bill of Costs. There is no hearing, the bill of costs and objections if any are filed are done on submission, pursuant to Local Rule 54.1 (b). Sign the Notice, Declaration and the Bill of Costs, before re-filing the documents. (dt)
October 18, 2017 Opinion or Order Filing 46 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - BILL OF COSTS NOTICE OF TAXATION to recover costs against April Dearden. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. The Clerk may tax costs 14 days after this filing. Objections to Bill of Costs due by 11/1/2017(Ranjo, Jason) Modified on 10/19/2017 (dt).
September 18, 2017 Opinion or Order Filing 45 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion dated September 14, 2017, the Defendants' motion for summary judgment is granted, and the Amended Complaint is dismissed. (Signed by Clerk of Court Ruby Krajick on 09/18/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
September 14, 2017 Opinion or Order Filing 44 OPINION re: #30 MOTION for Summary Judgment , filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. Based upon the facts and conclusions set forth below, the Defendants' motion for summary judgment is granted, and the Amended Complaint is dismissed. As Plaintiff has neither established that she possessed a disability protected by the NYSHRL nor that the circumstances under which she was terminated give rise to an inference of disability discrimination, Defendants' motion for summary judgment as to the Amended Complaint's Count II and III is granted. For the foregoing reasons, Defendants' motion for summary judgment is granted, and as further set forth herein. (Signed by Judge Robert W. Sweet on 9/14/2017) (ras)
September 14, 2017 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #44 Opinion to the Judgments and Orders Clerk. (ras)
June 21, 2017 Opinion or Order Minute Entry for proceedings held before Judge Robert W. Sweet: Oral Argument held on 6/21/2017 re: #30 MOTION for Summary Judgment filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. Motion Pending. (Chan, Tsz)
June 6, 2017 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. ENDORSEMENT: So ordered. (Set Deadlines/Hearing as to #30 MOTION for Summary Judgment: Motion Hearing set for 6/21/2017 at 11:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 6/6/2017) (jwh)
June 5, 2017 Opinion or Order Filing 42 LETTER addressed to Judge Robert W. Sweet from Jason J. Ranjo dated June 5, 2017 re: adjournment of oral argument. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Ranjo, Jason)
May 18, 2017 Opinion or Order Filing 41 ORDER: granting #40 Letter Motion for Extension of Time to File Joint Pretrial Order. So ordered. (Signed by Judge Robert W. Sweet on 5/17/2017) (ap)
May 16, 2017 Opinion or Order Filing 40 JOINT LETTER MOTION for Extension of Time to File the Joint Pre-Trial Order and Adjourn the Upcoming Conference on June 2, 2017 addressed to Judge Robert W. Sweet from Patricia L. Boland, Esq. dated May 16, 2017. Document filed by April Dearden.(Boland, Patricia)
May 5, 2017 Opinion or Order Filing 39 REPLY MEMORANDUM OF LAW in Support re: #30 MOTION for Summary Judgment . . Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Attachments: #1 Declaration of Jason J. Ranjo, Esq., #2 Exhibit A to Declaration of Jason J. Ranjo, Esq., #3 Exhibit B to Declaration of Jason J. Ranjo, Esq., #4 Exhibit C to Declaration of Jason J. Ranjo, Esq., #5 Exhibit D to Declaration of Jason J. Ranjo, Esq., #6 Exhibit E to Declaration of Jason J. Ranjo, Esq.)(Ranjo, Jason)
April 28, 2017 Opinion or Order Filing 38 DECLARATION of Patricia L. Boland, Esq. in Opposition re: #30 MOTION for Summary Judgment .. Document filed by April Dearden. (Attachments: #1 Exhibit Plaintiff's Deposition, #2 Exhibit Lauren Phillips' Deposition, #3 Exhibit Pay/Job History, #4 Exhibit Plaintiff's Awards, #5 Exhibit 2013 GSK Performance & Development Plan for Plaintiff, #6 Exhibit Medical Records from Dr. Pavels, #7 Exhibit E-mail Dated May 1, 2014 from Plaintiff to Lauren Phillips, #8 Exhibit E-mail Dated May 14, 2014 from Lauren Phillips to Stacey Zimmerman, #9 Exhibit Email Thread Dated May 21, 2014 Regarding Plaintiff's Short-Term Disability, #10 Exhibit E-mail Thread Dated June 2, 2014 to Plaintiff and Lauren Phillips Regarding Plaintiff's Approval for F.M.L.A., #11 Exhibit Ethics and Compliance Report of Plaintiff by Lauren Phillips, #12 Exhibit Medical Records from Dr. Hartwig, #13 Exhibit GSK's Interview Notes from Meeting Held on September 25, 2014, #14 Exhibit E-mail Thread Dated September 12, 2014 Regarding Defendants' Investigation and Defendants' Subject Statement, #15 Exhibit Multiple E-mail Threads From Lauren Phillips to GSK Human Resources Regarding Plaintiff, #16 Exhibit Multiple E-mail Threads Between GSK Human Resources Regarding Plaintiff, #17 Exhibit E-mail Thread Between Kevin Ryan and Suzanne Quinn Regarding Plaintiff, #18 Exhibit Investigation Notes of Marie LaFontant, #19 Exhibit Defendants' Objections and Responses to Plaintiff's First Set of Interrogatories, #20 Exhibit E-mail Thread Between Defendants' Human Resources Deaprtment and Lauren Phillips)(Boland, Patricia)
April 28, 2017 Opinion or Order Filing 37 COUNTER STATEMENT TO #32 Rule 56.1 Statement. Document filed by April Dearden. (Boland, Patricia)
April 28, 2017 Opinion or Order Filing 36 MEMORANDUM OF LAW in Opposition re: #30 MOTION for Summary Judgment . . Document filed by April Dearden. (Boland, Patricia)
April 18, 2017 Opinion or Order Filing 35 ORDER: The Defendants' motion for summary judgment, dated April 14, 2017, will be heard at 11:00AM on Wednesday, June 14, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. (Set Deadlines/Hearing as to #30 MOTION for Summary Judgment: Motion Hearing set for 6/14/2017 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 4/17/2017) (jwh)
April 14, 2017 Opinion or Order Filing 34 DECLARATION of Sylvetta Harris in Support re: #30 MOTION for Summary Judgment .. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Attachments: #1 Exhibit A - Code of Conduct, #2 Exhibit B - Disability Form, #3 Exhibit C (Part 1) - Investigation Report, #4 Exhibit C (Part 2) - Investigation Report, #5 Exhibit D - Call Notes)(Ranjo, Jason)
April 14, 2017 Opinion or Order Filing 33 DECLARATION of Jason J. Ranjo, Esq. in Support re: #30 MOTION for Summary Judgment .. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Attachments: #1 Exhibit A - Plaintiff's Deposition Excerpts and Exhibits, #2 Exhibit B - L. Phillips Deposition Excerpts and Exhibits, #3 Exhibit C - Pavels Third Party, #4 Exhibit D - Pavels Third Party, #5 Exhibit E - Hartwig Third party)(Ranjo, Jason)
April 14, 2017 Opinion or Order Filing 32 RULE 56.1 STATEMENT. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Ranjo, Jason)
April 14, 2017 Opinion or Order Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION for Summary Judgment . . Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Ranjo, Jason)
April 14, 2017 Opinion or Order Filing 30 MOTION for Summary Judgment . Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Ranjo, Jason)
March 20, 2017 Opinion or Order Filing 29 ORDER granting #28 Letter Motion for Extension of Time to File Joint Pretrial Order. So ordered. (Signed by Judge Robert W. Sweet on 3/20/2017) (jwh)
March 20, 2017 Opinion or Order Set/Reset Deadlines: Joint Pretrial Order due by 6/2/2017. (jwh)
March 17, 2017 Opinion or Order Filing 28 LETTER MOTION for Extension of Time to File the parties' joint pretrial order addressed to Judge Robert W. Sweet from Jason J. Ranjo dated March 17, 2017. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Ranjo, Jason)
October 26, 2016 Opinion or Order Filing 27 ANSWER to #26 Amended Complaint,. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Robinson, Blair)
October 26, 2016 Opinion or Order Filing 26 AMENDED COMPLAINT amending #25 Amended Complaint, against GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC with JURY DEMAND.Document filed by April Dearden. Related document: #25 Amended Complaint, filed by April Dearden.(Frank, Neil)
October 25, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Neil Michael Frank to RE-FILE Document No. #25 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
October 24, 2016 Opinion or Order Filing 25 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by April Dearden. Related document: #1 Complaint filed by April Dearden.(Frank, Neil) Modified on 10/25/2016 (pc).
October 12, 2016 Opinion or Order Filing 24 STIPULATION AND ORDER FOR FILING AMENDED COMPLAINT. IT IS HEREBY STIPULATED AND AGREED by and among the parties hereto through their respective attorneys of record that Plaintiff may, pursuant to Rule 15(A)(2) of the Federal Rules of Civil Procedure, file an amended complaint in the form of the First Amended Complaint attached hereto as Exhibit A. IT IS FURTHER STIPULATED AND AGREED, by and among the parties hereto that this Stipulation may be executed in counterparts and by PDF or by facsimile, which shall bear the same weight as original signatures. (Signed by Judge Robert W. Sweet on 10/11/2016) (rjm)
September 6, 2016 Opinion or Order Filing 23 NOTICE OF CHANGE OF ADDRESS by Neil Michael. Frank on behalf of All Plaintiffs. New Address: Frank & Associates, P.C., 500 Bi-County Boulevard, Suite 465, Farmingdale, NY, USA 11735, (631) 756-0400. (Frank, Neil)
September 1, 2016 Opinion or Order Filing 22 MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL. ENDORSEMENT: So ordered. re: #21 NOTICE OF WITHDRAWAL filed by April Dearden. Attorney Brian Bodansky and Lauren Ruth Reznick terminated. (Signed by Judge Robert W. Sweet on 9/1/2016) (rjm)
August 31, 2016 Opinion or Order Filing 21 NOTICE of Withdrawal. Document filed by April Dearden. (Frank, Neil)
August 30, 2016 Opinion or Order Filing 20 ORDER FOR INITIAL PRETRIAL CONFERENCE: Please be advised that the conference scheduled for 9/7/16 has been rescheduled to 3/30/17 at 4pm in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. Initial Conference set for 3/30/2017 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 8/30/2016) (kl)
August 23, 2016 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Patricia Lynne Boland on behalf of April Dearden. (Boland, Patricia)
August 23, 2016 Opinion or Order Filing 18 RULE 26(f) DISCOVERY PLAN AND SCHEDULING ORDER: Pursuant to Fed. R. Civ. P. 26(f), and having met and conferred, the parties hereby submit the following case management plan and scheduling order. IT IS ORDERED AS FOLLOWS: 1. No additional partie1 may be joined except with leave of the Court. 2. Amended pleadings may not be filed except with leave of the Court. 3. All fact discovery must be completed by December 30, 2016. 4. Plaintiff's expert report(s) and disclosure(s) will be provided by January 31, 2017. 5. Defendants' expert report(s) and disclosures will be provided by February 28, 2017. 6. All dispositive motions must be filed by April 14, 2017. 7. A joint pretrial order in the form prescribed in Judge Sweet's Individual Practices will be filed by March 30, 2017. (Motions due by 4/14/2017. Fact Discovery due by 12/30/2016. Pretrial Order due by 3/30/2017). (Signed by Judge Robert W. Sweet on 8/23/2016) (rjm)
August 17, 2016 Opinion or Order Filing 17 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Ranjo, Jason)
May 17, 2016 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Brian Bodansky on behalf of April Dearden. (Bodansky, Brian)
April 15, 2016 Opinion or Order Filing 15 ORDER: Please be advised that the conference scheduled for 5/4/2016 has been rescheduled to 9/7/2016 at 4:00 pm in Courtroom 18C. Please notify opposing counsel of the change. Initial Conference set for 9/7/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 4/15/2016) (tn)
April 4, 2016 Opinion or Order Filing 14 ORDER: Please be advised that the conference scheduled for 4/20/2016 has been rescheduled to 5/4/2016 at 4:00 p.m. in Courtroom 18C. Please notify opposing counsel of the change. Initial Conference set for 5/4/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (Signed by Judge Robert W. Sweet on 4/4/2016) (tn)
January 25, 2016 Opinion or Order Filing 13 PRETRIAL ORDER: Initial Conference set for 4/20/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet, and as further set forth in this order. (Signed by Judge Robert W. Sweet on 1/25/2016) (tn)
December 23, 2015 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Jason Ranjo on behalf of GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Ranjo, Jason)
November 13, 2015 Opinion or Order Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GlaxoSmithKline PLC, Corporate Parent Novartis AG for GlaxoSmithKline Consumer Healthcare Holdings (US) LLC. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC.(Robinson, Blair)
November 13, 2015 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Lauren Ruth Reznick on behalf of April Dearden. (Reznick, Lauren)
November 4, 2015 Opinion or Order Filing 9 ANSWER to #1 Complaint. Document filed by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC.(Robinson, Blair)
November 4, 2015 Opinion or Order Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GlaxoSmithKline PLC for Glaxosmithkline LLC. Document filed by Glaxosmithkline LLC.(Robinson, Blair)
September 30, 2015 Opinion or Order Filing 7 CIVIL COVER SHEET filed. (Frank, Neil)
September 29, 2015 Opinion or Order Filing 6 ELECTRONIC SUMMONS ISSUED as to GlaxoSmithKline Consumer Healthcare Holdings (US) LLC. (pc)
September 29, 2015 Opinion or Order Filing 5 ELECTRONIC SUMMONS ISSUED as to Glaxosmithkline LLC. (pc)
September 29, 2015 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Neil Michael. Frank to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand was not selected. Plaintiff's address is blank.;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated April 2014. The S.D.N.Y. Civil Cover Sheet dated April 2014 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc)
September 29, 2015 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. (pc)
September 29, 2015 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
September 29, 2015 Opinion or Order Case Designated ECF. (pc)
September 28, 2015 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to GlaxoSmithKline Consumer HealthCare Holdings (US) LLC., d/b/a GSK, re: #1 Complaint. Document filed by April Dearden. (Frank, Neil)
September 28, 2015 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to GlaxoSmithKline LLC d/b/a GSK, re: #1 Complaint. Document filed by April Dearden. (Frank, Neil)
September 28, 2015 Opinion or Order Filing 2 FILING ERROR PDF ERROR CIVIL COVER SHEET filed. (Frank, Neil) Modified on 9/29/2015 (pc).
September 28, 2015 Opinion or Order Filing 1 COMPLAINT against GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Glaxosmithkline LLC. (Filing Fee $ 400.00, Receipt Number 0208-11439302)Document filed by April Dearden.(Frank, Neil)

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Plaintiff: April Dearden
Represented By: Brian Bodansky
Represented By: Lauren Ruth Reznick
Represented By: Patricia Lynne Boland
Represented By: Neil Michael. Frank
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Defendant: Glaxosmithkline LLC doing business as GSK
Represented By: Blair Joseph Robinson
Represented By: Jason Ranjo
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Defendant: GlaxoSmithKline Consumer Healthcare Holdings (US) LLC doing business as GSK
Represented By: Blair Joseph Robinson
Represented By: Jason Ranjo
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