Rasmy v. Marriott International, Inc.
| Gebrial Rasmy |
| Marriott International, Inc. |
| 1:2016cv04865 |
| June 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Alison J. Nathan |
| Employment |
| 42 U.S.C. ยง 2000 |
| None |
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Filing
308
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Jed S. Rakoff, United States District Judge, Plaintiff Gebrial Rasmy has judgment in the sum of $400,000 as against Defendant Stamatis Efstratiu. So Ordered. Estratue Stamatis (individually) terminated. (Signed by Judge Jed S. Rakoff on 4/19/2024) (ate)
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Filing
307
MEMORANDUM ORDER granting 265 Motion for Attorney Fees; terminating 272 Motion in Limine. The Court grants defendants' motion for attorneys' fees and expenses in the amount of $79,832.10. The Clerk is respectfully direct ed to lift the stay on the docket of this case, close documents 265 and 272, enter final judgment consistent with the jury's verdict and this Memorandum Order, and close this case. (Signed by Judge Jed S. Rakoff on 4/18/2024) (ate) Transmission to Orders and Judgments Clerk for processing.
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Filing
300
MEMORANDUM ORDER denying 293 Motion to Vacate 293 FIRST MOTION to Vacate Judgment Against Defendant Estratue Stamatis., 298 FIRST MOTION for Extension of Time to File Response/Reply as to 293 FIRST MOTION to Vacate < i>Judgment Against Defendant Estratue Stamatis., 296 Memorandum of Law in Opposition to Motion ., 168 MOTION to Suppress Evidence of Plaintiff's Damages and For Sanctions., 173 MOTION in Limine ., 218 MOTION to Dismiss ., 221 LETTER MOTION to Adjourn Conference Trial Date Due to Defendants' Pending Motion to Dismiss addressed to Judge Alison J. Nathan from Mark A. Saloman, Esq. dated February 9, 2022., 235 SUPPLEME NTAL MOTION in Limine Notice of., 238 SECOND MOTION in Limine Notice of., 246 SUPPLEMENTAL MOTION in Limine ., 260 SUPPLEMENTAL MOTION in Limine ., 277 MOTION for Directed Verdict At the Clos e of Plaintiff's Case. ; denying 298 Motion for Extension of Time to File Response/Reply re 293 FIRST MOTION to Vacate Judgment Against Defendant Estratue Stamatis., 298 FIRST MOTION for Extension of Time to File R esponse/Reply as to 293 FIRST MOTION to Vacate Judgment Against Defendant Estratue Stamatis., 296 Memorandum of Law in Opposition to Motion ., 168 MOTION to Suppress Evidence of Plaintiff's Damages and For San ctions., 173 MOTION in Limine ., 218 MOTION to Dismiss ., 221 LETTER MOTION to Adjourn Conference Trial Date Due to Defendants' Pending Motion to Dismiss addressed to Judge Alison J. Nathan from Mark A . Saloman, Esq. dated February 9, 2022., 235 SUPPLEMENTAL MOTION in Limine Notice of., 238 SECOND MOTION in Limine Notice of., 246 SUPPLEMENTAL MOTION in Limine ., 260 SUPPLEMENTAL MOTION in Limine ., 277 MOTION for Directed Verdict At the Close of Plaintiff's Case. ; denying as moot 168 Motion to Suppress; denying as moot 173 Motion in Limine; denying as moot 218 Motion to Dismiss; denying as moot 221 Motion to Adjourn Conference; denying as moot 235 Motion in Limine; denying as moot 238 Motion in Limine; denying as moot 246 Motion in Limine; denying as moot 260 Motion in Limine; denying 277 Motion for Directed Verdict. The Court denies def endant Efstratiu's post-trial motion for judgment as a matter of law. The Clerk is respectfully directed to close documents 277, 293, and 298 on the docket of this case. In addition, the Clerk is respectfully directed to close documents 168, 173, 218, 221, 235, 238, 246, and 260 because those motions have already been resolved at trial or are moot. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/5/2024) (ks)
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Filing
234
ORDER: The Court has reviewed ECF 229 through 233. Trial shall not be adjourned based on the parties' discovery disputes. The parties shall produce all documents they intend to use at trial before the Final Pretrial Conference, which is currently scheduled for April 1, 2022 at 11:00 a.m. (ECF 210). Discovery is otherwise closed. (Signed by Magistrate Judge Ona T. Wang on 3/10/2022) (rro)
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Filing
222
ORDER with respect to 221 Letter Motion to Adjourn Conference. The Court ORDERS Mr. Rasmy to submit a response to Defendants' request, if any, by February 28, 2022. The Clerk's office is respectfully directed to mail a copy of this Memo Endorsement to Mr. Rasmy and note the mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/10/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
220
ORDER: Plaintiff's opposition is due February 16, 2022. Failure to file a timely opposition may result in the Court considering Defendants' motion to be unopposed and may result in dismissal of the action. Defendants' reply, if any , is due March 2, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff and note the mailing on the public docket. ( Responses due by 2/16/2022, Replies due by 3/2/2022.) (Signed by Magistrate Judge Ona T. Wang on 1/21/2022) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
217
ORDER: The Court on November 23, 2021, granted Plaintiff counsel's motion to withdraw and, based on counsel's representation of irreconcilable differences, granted their request for a charging lien under New York law in the event that M r. Rasmy recovers an award for his claims. Dkt. No. 213. On December 16, 2021, Mr. Rasmy entered a pro se appearance in this case and filed two letters objecting to the charging lien and requesting that his former counsel be sanctioned. Dkt. Nos. 215, 216. These objections are DENIED without prejudice as premature. The Court will resolve them only after Mr. Rasmy obtains a monetary award for his claims. Additionally, the Court received by the attached motion to and memorandum by former Plaintiff's counsel requesting that Defendants be compelled to comply with Plaintiff's discovery demands, that Plaintiff be granted a protective order from Defendants' deposition notice, and that trial, tentatively scheduled for April 11, 2022, be expedited. This motion was received after, and apparently mailed after, counsel withdrew from representing Mr. Rasmy. The Court ORDERS Mr. Rasmy to submit a letter by January 4, 2022, stating whether he wishes to pursue any req uests made in the motion. A jury trial is tentatively scheduled for April 11, 2022. The Court will resolve the pending motions in limine, Dkt. Nos. 168, 173, and 178, in due course. This resolves docket numbers 215 and 216. The Clerk's office is respectfully directed to mail a copy of this order to Mr. Rasmy and note the mailing on the public docket. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/20/2021) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
210
ORDER: The Court on September 27, 2021, schedule a final pretrial conference for April 1, 2022, at 3:15 p.m. Dkt. No. 209. That conference is hereby rescheduled to April 1, 2022, at 11:00 a.m., to be held in-person in Courtroom 906 of the Thurgo od Marshall United States Courthouse, 40 Centre Street, New York, New York. SO ORDERED. ( Final Pretrial Conference set for 4/1/2022 at 11:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 9/29/2021) (vfr)
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Filing
209
ORDER, The Court on September 15, 2021, tentatively schedule a jury trial to commence on April 11, 2022. Dkt. No. 205. The final pretrial conference scheduled for September 24, 2021, is therefore adjourned to April 1, 2022, at 3:15 p.m. An earlie r final pretrial conference will be scheduled if the Court is able to conduct the trial at an earlier date. SO ORDERED. ( Final Pretrial Conference set for 4/1/2022 at 03:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 9/27/21) (yv)
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Filing
205
ORDER: The Court on September 3, 2021, granted Defendants request to remove the case from the "trial ready" list for the week of October 4, 2021, and ordered the parties to confer and agree to three trial dates for a two-week jury tri al in February 2022 or later. Dkt. No. 197. The parties on September 13, 2021, filed a joint letter proposing February 724, 2022, and April 422, 2022. Dkt. No. 202. Plaintiff expresses a "strong preference for the earliest trial date possi ble." Id. Taking account of the Court's own schedule constraints due to its criminal docket, the Court will request, pursuant to the COVID rules for centralized jury trial scheduling in the district, a two-week jury trial date to co mmence on April 11, 2022. If any changes to the Court's calendar occur that would allow an earlier requested start date, the Court will be in contact with the parties. As the Court stated in its prior Order, because this case has been lon g pending, in the event that the Court does not receive a firm jury trial date, the Court intends to keep the case on the trial ready list at that time. Additionally, the parties are reminded to file a joint report by December 3, 2021, on the status of any settlement negotiations or mediation. SO ORDERED. ( Ready for Trial by 4/11/2022.) (Signed by Judge Alison J. Nathan on 9/15/2021) (vfr)
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Filing
204
ORDER Plaintiff shall produce to Defendants all outstanding documents within his possession, custody, or control that are the subject of Defendants Motion to Suppress (ECF 168) no later than September 14, 2021. Plaintiff shall advise Defendants no la ter than September 30, 2021 if he will call Dr. Raul Rodriguez as a trial witness. If Plaintiff will call Dr. Rodriguez, Plaintiff will present him for a deposition on or before October 14, 2021. Plaintiff shall present himself to the offices of Ford Harrison LLP, 1450 Centrepark Boulevard, Suite 325, West Palm Beach, Florida 33401 for the continuation of his deposition on or before November 19, 2021 at 10:00 a.m. There will no further extensions for discovery. Requests regarding the parties' motions in limine shall be directed to Judge Nathan. (Signed by Magistrate Judge Ona T. Wang on September 14, 2021) (rlf)
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Filing
188
ORDER: As the Court explained in its May 5, 2021 Order, see Dkt. No. 148, the Southern District of New York has adopted a centralized calendaring system for jury trials during the COVID-19 pandemic. Under the system currently in place, the Clerk& #039;s Office schedules up to three jury trials to begin on each day of jury selection: a primary case and up to two back-up cases that may proceed in its place if the primary case does not go forward. The Clerk's Office also schedules up to four cases for each week as trial ready. These cases may proceed if both the primary and backup cases for one of the days during the week do not go forward. After holding a pretrial conference on May 14, 2021, the Court notified the parties that i t would request a jury trial date of October 4, 2021, for a two-week trial. See Dkt. No. 155. The Clerk's Office has now notified the Court that this case has been placed on the trial-ready list for the week of October 4, 2021. This means tha t the case may proceed during the week of October 4, 2021, if all of the scheduled cases for any day during that week do not go forward. The case must therefore be trial ready for that date. As soon as the Court confirms whether the matter will proceed during the week of October 4, 2021, it will inform the parties. If the case cannot proceed during the week of October 4, 2021, the Court will seek another jury trial date for as soon as possible thereafter. Within one week of this Order, the parties should file a joint letter informing the Court of whether they wish to remain on the "trial ready" calendar for October 4, 2021. If not, the parties should propose trial dates starting in February 2022. SO ORDERED. ( Ready for Trial by 10/4/2021.) (Signed by Judge Alison J. Nathan on 8/27/2021) (vfr)
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Filing
158
ORDER: Pursuant to the Court's Order of May 14, 2021 (Dkt. No. 155), the parties were required to file a letter indicating whether they had agreed on a proposed protective order. The parties are hereby ORDERED to file that letter by June 4, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/3/2021) (vfr)
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Filing
157
ORDER: The parties shall file a joint status letter by June 18, 2021. The Court notes that the parties have not timely complied with items 2 and 3 of the May 14, 2021 Order (ECF 155) and that failure to timely comply with this Order may lead to sanctions or a recommendation that the case be dismissed for failure to prosecute. (Signed by Magistrate Judge Ona T. Wang on 5/28/2021) (rro)
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Filing
151
ORDER: A pretrial conference in this matter is scheduled for May 14, 2021, at 11:00 a.m. The Court will hold the proceeding in person in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. ( Final Pretrial Conference set for 5/14/2021 at 11:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/11/2021) (vfr)
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Filing
148
ORDER: On January 7, 2021, the Court ordered the parties to submit their joint pretrial materials by April 2, 2021. Dkt. No. 143. The parties did not do so. On April 15, 2021, the Court again ordered the parties to submit their joint pretrial mate rials by April 28, 2021. Dkt. No. 147. The parties again did not do so. The parties also have not filed the letter directed by the Court proposing trial dates. This case should now be trial ready and the Court urges counsel to enable the matter to proceed to resolution as expeditiously as possible. To that end, counsel must comply with the Court's orders and communicate with one another to prepare their pretrial materials and propose mutually agreeable dates for trial so that the Cour t may request a jury selection date consistent with SDNY's COVID protocols. The Court will hold the final pretrial conference scheduled for May 14, 2021. Counsel shall submit their pretrial materials before that date and be prepared for the c onference. Barring emergency circumstances, the Court will entertain no further requests for adjournments or extensions. The parties are hereby ORDERED to file their joint pretrial materials and the letter addressing trial dates by May 10, 2021. Th at letter must also indicate if the parties wish for any additional referral to the Magistrate Judge or the Court's Mediation Program for further settlement discussions. Failure by counsel to comply with this Order or communicate to the Court a sound basis for being unable to comply may result in sanctions. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/5/2021) (rro)
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Filing
147
ORDER granting 144 LETTER MOTION for Extension of Time to File Joint Pre-Trial Order and related materials addressed to Judge Alison J. Nathan from Ambrose Wotorson dated April 15, 2021. Document filed by Gebrial Rasmy. The deadline for the parties ' final pretrial materials is extended to April 28, 2021. The parties should submit a joint letter with proposed trial dates by the same date. The pretrial conference scheduled for April 16, 2021, is adjourned to May 14, 2021, at 11:00 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/15/2021) (rjm)
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Filing
141
ORDER: The trial dates currently set in this matter are hereby vacated. The parties should confer and submit a joint letter with proposed trial dates for the second quarter of 2021 by January 8, 2021. Due to the severe trial backlog in this District as a result of the COVID-19 pandemic, the Clerk's Office is scheduling all trial dates centrally. Multiple trial-ready cases will be set for trial for the same period of time, meaning that the back-up cases will proceed only if the higher-priori ty cases do not go forward. The parties must therefore be prepared to proceed with trial on whatever date the Court adopts and during each week for the remainder of the quarter. The Court will notify the parties as soon as the Clerk's Office ass igns trial dates for the second quarter of 2021. Per the Court's order of June 19, 2020, the parties' joint pretrial materials were due yesterday, December 21, 2020. See Dkt. No. 106. That due date is extended to January 8, 2021. A final pretrial conference remains scheduled for January 15, 2021, at 11:00 a.m. See id. SO ORDERED., ( Final Pretrial Conference set for 1/15/2021 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/22/2020) (ama)
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Filing
140
ORDER granting 137 LETTER MOTION for Extension of Time to File Settlement Position Statement. SO ORDERED. Application GRANTED nunc pro tunc. (Signed by Magistrate Judge Ona T. Wang on 11/17/2020) (jca)
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Filing
136
ORDER. The parties are hereby ORDERED to meet and confer and submit a joint letter responsive to this Court's October 20 Order no later than November 13, 2020, at 3:00 p.m. The parties shall file the letter on ECF and promptly email a courtesy copy to Chambers. SO ORDERED. (Signed by Judge J. Paul Oetken, in Part I on 11/11/2020) (rjm)
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Filing
125
ORDER: Plaintiff's substitution of counsel, (ECF 123), is DENIED without prejudice. Plaintiff is directed to review Local Civil Rule 1.4 and refile his request. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/27/2020) (rro)
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Filing
124
ORDER. The parties are hereby ORDERED to meet and confer and submit a joint letter by October 27, 2020, responding to the following questions: In the event that this case proceeds to trial, do all parties consent to a bench trial before this Court? I f either party does not consent to a bench trial, the parties shall advise the Court that they do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative c onsequences. If the parties instead elect to proceed with a jury trial, are they prepared to proceed to trial on the scheduled date? If the parties do not consent to a bench trial and indicate that they are ready to proceed with a jury trial on the s cheduled date, the Court will request a jury for that date, consistent with the protocols implemented by the Southern District. In that event, the parties shall be prepared to proceed to trial as of that date and on each following week through March 2021. The Court will provide the parties as much notice as possible about whether their case will proceed to trial during any of those weeks. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/20/2020) (rjm)
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Filing
120
ORDER: Defendants' response to Plaintiff's request to reopen discovery is due by October 1, 2020. A joint status letter on whether the parties would like to adjourn the settlement conference scheduled for November 18, 2020 pending the resolution of the discovery issue is due by September 23, 2020. SO ORDERED. (Responses due by 10/1/2020) (Signed by Magistrate Judge Ona T. Wang on 9/17/2020) (rro)
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Filing
103
ORDER: This case resumes in this Court following the Second Circuit's decision vacating this Court's September 28, 2018 judgment and remanding this case for trial. See Dkt. No. 102. Within one week of the date of this order, the parties should submit a joint letter that does the following: 1. Propose trial dates for December 2020, January 2021, and February 2021; 2. Give an estimated length of trial; 3. Propose a deadline for the submission of joint pre-trial materials; and 4. Advise whether the parties seek referral to the S.D.N.Y.'s mediation program or to the Magistrate Judge for a settlement conference. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/3/2020) (jca)
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Filing
95
MEMORANDUM OPINION & ORDER re: 83 MOTION for Summary Judgment Originally Filed on 8/31/17 as Document No. 80. filed by Estratue Stamatis, Sesskon Pongpanta, Tehrani Mehrani, Marriott International, Inc., Karen Doherty. For the f oregoing reasons, the Court GRANTS Defendants' motion as to all federal claims, and DECLINES to exercise supplemental jurisdiction over the remaining NYSHRL and NYCHRL claims and dismisses them without prejudice. Accordingly, the Clerk of Cour t is respectfully directed to enter judgment and close the case. This order resolves Dkt. No. 83. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 9/28/2018) (cf) Transmission to Orders and Judgments Clerk for processing.
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| Plaintiff: Gebrial Rasmy | |
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