Jablonski v. Special Counsel, Inc.
Plaintiff: Terri Jablonski
Defendant: Special Counsel, Inc.
Case Number: 1:2016cv05243
Filed: July 1, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Rockland
Presiding Judge: Andrew L. Carter
Nature of Suit: Employment
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 13, 2023 Opinion or Order Filing 331 ORDER terminating 327 Letter Motion to Seal; terminating 329 Letter Motion to Seal. The Court is in receipt of Plaintiff's letters, ECF Nos. 327, 329, requesting to seal the exhibits at ECF Nos. 326-6 and 326-10 because they contain Plaintiff's Social Security number. The Clerk of the Court is respectfully directed to seal ECF Nos. 326-6 and 326-10. (Signed by Judge Andrew L. Carter, Jr on 11/13/2023) (ate)
June 23, 2023 Opinion or Order Filing 297 ORDER granting 296 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 6/23/2023) (rro)
June 15, 2023 Opinion or Order Filing 294 ORDER denying 286 Motion for Discovery. The Court held a status conference in this matter on June 15, 2023. By June 23, 2023, counsel for Defendant shall file a letter on the docket informing the Court how the parties have resolved the issu es discussed at the conference. The parties' respective motions to depose each other's attorneys are DENIED for the reasons stated at the conference. The parties are directed to refer to the transcript of the June 15 status conference for additional details on the Court's rulings. The Clerk of Court is respectfully directed to close ECF 286. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/15/2023) (vfr)
May 11, 2023 Opinion or Order Filing 282 ORDER granting 281 Letter Motion to Adjourn Conference. Application GRANTED. The May 17, 2023 status conference is hereby adjourned to Thursday, June 15, 2023 at 3 p.m. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 5/11/2023) Status Conference set for 6/15/2023 at 03:00 PM before Magistrate Judge Ona T. Wang. (ks)
May 4, 2023 Opinion or Order Filing 277 ORDER: This Order supersedes ECF 275. The Court has reviewed ECF Nos. 266, 267, 268, 272, 273, 274, and 276, and awaits further briefing on Defendant's Cross-Motion for a Protective Order, due on May 5, 2023. The Court has additionally revie wed ECF 269, which was the parties' report on their meet-and-confer process for potential additional depositions, as directed by ECF 256. Plaintiff's request to depose "the Payroll Manager" of SCI's successor is DENIED. The parties' dispute and Plaintiff's reasoning for seeking a "Payroll Manager" deposition do not fit within any of the previously-approved 30(b)(6) deposition topics. Instead, Plaintiff now asserts that "one of the most import ant issues in the case" concerns "discrepancies on the documents and [P]laintiff's testimony" and Defendant's "repeated... question[ing of] Plaintiff [at her deposition] about its entries on its purported payroll docum ents, and there are various discrepancies on them, calling into question whether they are fabricated or not even hers." (Id. at 2.) The Court reminds the parties that disputes about the interpretation of documents and potentially conflicting testimony may be more easily resolved and with more finality by a jury weighing the competing evidence than by motions for more discovery, sanctions, and contempt. Nonetheless, if Plaintiff has specific, targeted questions about specific payroll d ocuments, she may propound no more than 3 Special Interrogatories by May 12, 2023, concerning payroll documents and such alleged discrepancies. Plaintiff's request to take Angela Bevis's deposition is DENIED. The only reason articulated fo r Bevis's deposition is that she worked with Defendant's counsel in preparing its "OCAHO response" (see ECF 261), which is not an issue in this case. Indeed, Plaintiff admitted and repeatedly argued in 2022 that OCAHO filings w ere not relevant. (See ECF 209 at 11-13). She may not now seek affirmative discovery in an area that the Court already determined was not relevant or proportional a year ago. The only open discovery issues in this case remain the Special Interrogato ries, above, if Plaintiff elects to serve them, completed briefing on Defendant's Cross-Motion for a Protective Order, and the Court's resolution of the parties' cross-motions to depose attorneys Matthew Clarke and Maria Jablonski, for which briefing will be complete on May 30, 2023. The Clerk of Court is respectfully directed to close ECF Nos. 266 and 274. (Signed by Magistrate Judge Ona T. Wang on 5/1/2023) (rro)
May 1, 2023 Opinion or Order Filing 275 ORDER denying 266 Motion for Discovery; granting 274 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. The Court has reviewed ECF Nos. 266, 267, 268, 272, 273, and 274. Plaintiff's motion to compel a continued deposition of Defendant's Rule 30(b)(6) witness is DENIED. The Court has reviewed the deposition of Alison Hugelmeyer, Defendant's 30(b)(6) witness, and finds that Plaintiff is not entitled to a continued deposition. Plaintiff's motion for sanctions against Defendant for "contempt" of the Court's past 30(b)(6) order is similarly DENIED. The Court finds that Defendant discharged its obligations under Rule 3 0(b)(6) to provide a witness able to address the topics in ECF 192. Defendant's cross-motion for a protective order against an additional 30(b)(6) deposition is GRANTED. The Court declines to shift costs under Fed. R. Civ. P. 37 at this time. The Court has additionally reviewed ECF 269, which was the parties' report on their meet-and-confer process for potential additional depositions, as directed by ECF 256. Plaintiff's request to depose "the Payroll Manager" of SCI 's successor is DENIED. As further set forth by this Order. Plaintiff's request to take Angela Bevis's deposition is DENIED. The only reason articulated for Bevis's deposition is that she worked with Defendant's counsel in preparing its "OCAHO response" (see ECF 261), which is not an issue in this case. Indeed, Plaintiff admitted and repeatedly argued in 2022 that OCAHO filings were not relevant. (See ECF 209 at 11-13). She may not now seek affirmative discovery in an area that the Court already determined was not relevant or proportional a year ago. The Clerk of Court is respectfully directed to close ECF Nos. 266 and 274. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/1/2023) (tg)
March 27, 2023 Opinion or Order Filing 265 ORDER ADOPTING JUDGE WANG'S DISCOVERY ORDER for 163 Motion for Discovery, filed by Terri Jablonski. The Court finds Plaintiff's arguments unavailing and overrules Plaintiff's Objections to Magistrate Judge Wang's or ders at ECF Nos. 158 (Written Order) and 159 (Transcript of March 10, 2022 Conference in which discovery rulings were made). Judge Wang's Discovery Order is affirmed, and Plaintiff's objections are overruled in their entirety. The parties are directed to continue discovery proceedings with Judge Wang. The Clerk of Court is respectfully directed to terminate the open motion at ECF No. 163. (Signed by Judge Andrew L. Carter, Jr on 3/27/2023) (ate)
March 9, 2023 Opinion or Order Filing 256 ORDER The Court held a status conference in this matter on March 7, 2023. The Court made several discovery rulings on the record at the March 7 status conference. The parties are directed to refer to the transcript of the March 7 conference for gr eater detail on the Court's discovery rulings. Plaintiff's contemplated motion to compel a continued deposition of Defendant's 30(b)(6) witness is due March 27, 2023. Defendant's cross-motion for a protective order and oppositio n to Plaintiff's motion to compel are both due on April 21, 2023. The cross-motion for a protective order and the opposition should be filed on the docket as separate entries. Plaintiff's opposition to Defendant's cross-motion for a protective order is due May 5, 2023. There shall be no replies. Counsel for Defendant is directed to file both deposition transcripts of Ms. Hugelmeyer by March 10, 2023. The parties are directed to meet and confer on how many additional depositio ns Plaintiff wishes to take. The parties shall file a joint status letter informing the Court of any agreed-upon deposition schedule by March 31, 2023. The parties should agree to reasonable limited scope and duration of any planned depositions. The Court will hold a status conference in this matter on Wednesday, May 17, 2023 at 10:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The Court reminds the parties that written discovery in this matter is COMPLETE. The parties shal l not propound any additional written discovery without first obtaining leave of Court to do so. SO ORDERED. (Cross Motions due by 4/21/2023., Motions due by 3/27/2023., Responses due by 5/5/2023, Status Conference set for 5/17/2023 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 3/9/2023) (jca)
January 17, 2023 Opinion or Order Filing 253 ORDER The Court is in receipt of the parties' letter dated January 13, 2023. The Court reminds the parties that per its Individual Practices, I.a., they are to file all letters to the Court on ECF. Unsolicited correspondence sent by email on ly will be disregarded. The January 25, 2023 status conference is hereby adjourned to Tuesday, March 7, 2023, at 11:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The parties shall file a joint status letter outlining all outstanding discovery by March 3, 2023. SO ORDERED. (Status Conference set for 3/7/2023 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 1/17/2023) (jca)
November 29, 2022 Opinion or Order Filing 250 ORDER terminating 190 Motion to Quash; granting 248 Letter Motion to Stay re: 190 CROSS MOTION to Quash Defendant's subpoena and subpoena duces tecum of Plaintiff's Attorney., 248 LETTER MOTION to Stay a D ecision on the Motions to Compel depositions of Attorney's Clarke and Jablonski until the parties discovery dispute is resolved, and Plaintiffs Letter Notice to the Court of a Discovery Dispute regarding Defendant. The Court has reviewed ECF N os. 248 and 249. The Court's decision on whether to compel the deposition of Plaintiff's counsel is STAYED pending resolution of the parties recent discovery disputes. The parties are directed to meet and confer to resolve the discovery dis putes referenced in ECF Nos. 248 and 249, and to submit a joint status letter by January 13, 2023 identifying the status of any outstanding disputes not resolved by the meet and confer process. The parties shall not submit additional letters with new disputes prior to the January 13, 2023 status letter. The Court encourages the parties to resolve as many of their disputes as possible without further Court intervention. The Court will hold an in-person status conference in this matter on Wednesday, January 25, 2023 at 2:00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The Clerk of Court is respectfully directed to close ECF Nos. 190 and 248. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 11/29/2022) (kv)
October 18, 2022 Opinion or Order Filing 245 ORDER denying 237 Letter Motion for Discovery; denying 242 Letter Motion to Compel. The Court has reviewed ECF Nos. 237, 241, 242, and 243. Plaintiff's motion for a protective order against production of two of Plaintiff's notebooks used during her initial deposition on July 29, 2022, is DENIED. (As further set forth herein.) Plaintiff's counsel is directed to bring the two notebooks to Plaintiff's continued deposition on October 19, 2022, and produce them to Defendant's counsel prior to the commencement of the deposition. The Clerk of Court is respectfully directed to close ECF Nos. 237 and 242. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/18/2022) (va)
September 21, 2022 Opinion or Order Filing 235 ORDER terminating 225 Motion for Sanctions; terminating 232 Motion for Discovery. Pursuant to rulings made on the record, the parties shall meet and confer on three proposed dates in the month of October for Plaintiff's continued depos ition in the Court's courtroom or jury room. The parties shall submit a joint letter informing the Court of their three suggested dates by September 30, 2022. Other rulings related to Plaintiff's continued deposition are as further set fo rth in this Order. Plaintiff is directed to preserve the notebooks discussed at the September 21, 2022, status conference. The Court stays its oral order compelling production of those notebooks pending further briefing. Plaintiff's attorney shall submit her letter motion for a protective order regarding the notebooks by September 28, 2022. Defendant's opposition is due October 3, 2022. The parties' letter briefs shall not exceed three pages and shall cite to relevant law. A ll other discovery is stayed pending completion of Plaintiff's deposition. The parties are requested to order the transcript of the September 21, 2022, status conference and share costs 50-50. The parties are directed to refer to the transcript for all other rulings made on the record. The Clerk of Court is respectfully directed to close ECF Nos. 225 and 232. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/21/22) (yv)
August 2, 2022 Opinion or Order Filing 215 ORDER denying 206 Letter Motion for Discovery; denying 211 Letter Motion to Compel; denying 214 Letter Motion for Conference re: 206 LETTER MOTION for Discovery and Protective Order addressed to Magistrate Judge Ona T. Wang f rom John G. McCarthy dated John G. McCarthy., 211 LETTER MOTION to Compel Defendant Special Counsel Inc. to produce documents in response to Plaintiff's Second Document Production Request addressed to Magistrate Judge Ona T. Wan g from M. Jablonski Attorney dated July 26, 2022., 214 LETTER MOTION for Conference re: 207 Proposed Order, 205 Order on Motion to Compel, Order on Motion for Discovery,,,,,, and Requesting that Proposed Order not be Entered ad dressed to Magistrate Judge Ona T. Wang from John G. McCarthy.The Court has reviewed ECF Nos. 206, 208, 211, 212, and 213, all of which relate to Plaintiff's attempts to expand discovery, or to circumvent or relitigate the Court's prior ord ers on discovery. See ECF 158, 178, 192, 196, 204, and 205. Plaintiff's motions for additional discovery are DENIED.Additionally, the parties called the Court during Plaintiff's deposition on July 29, 2022, and now indicate that it was not completed, largely due to Plaintiff and her counsel's conduct. See ECF 214. Defendant is directed to submit their brief seeking their relief related to Plaintiff's deposition by August 19, 2022. Defendant shall submit the full transcript of Plaintiff's deposition and the deposition video no later than August 19, 2022. Plaintiff's opposition shall be filed by September 9, 2022. There shall be no replies unless directed by the Court. No other briefing will be allowed during the pendency of this briefing. Attempts to raise other discovery issues before September 9 shall subject the filing attorney to a $5 sanction for each violation. See Fed. R. Civ. P. 26(g). The previously-scheduled depositions of Alison Hugelmeyer i n her individual capacity and Special Counsel's 30(b)(6) deposition are adjourned sine die and shall not proceed unless and until Plaintiff's deposition is completed. All other discovery is stayed. Plaintiff is directed not to serve any other discovery requests or notices of deposition. Any violations of this Order may result in sanctions under Fed. R. Civ. P. 16(f), 26(g), 30(d)(2), 37, or 28 U.S.C. § 1927. The parties are directed to appear for an in-person status conferen ce on Wednesday, September 21, 2022 at 2:30 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. The Clerk of Court is respectfully directed to close ECF Nos. 206, 211, and 214. (Signed by Magistrate Judge Ona T. Wang on 8/2/2022) (rro)
July 12, 2022 Opinion or Order Filing 205 ORDER granting 197 Motion to Compel; granting 197 Motion for Discovery. The Court has reviewed ECF Nos. 197-198. Depositions shall be scheduled as follows: Plaintiff shall be deposed first; Defendant's individual fact witnesses, in cluding Alison Hugelmeyer, shall be deposed after Plaintiff's deposition has been completed; Defendant's 30(b)(6) witness shall be deposed third; Third party fact witnesses, if any, shall be deposed last. The parties are directed to meet and confer and submit one proposed deposition scheduling order by July 22, 2022. If the parties cannot agree on dates to schedule the above depositions, the Court shall choose the deposition dates for the parties. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 7/12/2022) (ks)
June 14, 2022 Opinion or Order Filing 196 ORDER denying 183 Motion to Compel. The Court held a status conference in this matter on June 14, 2022. For the reasons stated on the record at the status conference, Defendants Motion to Compel Plaintiff to produce documents related to Plaintiffs past OCAHO complaints is DENIED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/14/22) (yv)
June 7, 2022 Opinion or Order Filing 192 ORDER: The Court has reviewed ECF 182, along with Plaintiff's objections to Defendant's proposed 30(b)(6) topic modifications and objections. Defendant's motion to modify and/or object to Plaintiff's proposed 30(b)(6) topics is GRANTED in part and DENIED in part. The parties are directed to refer to the attached annotated version of Plaintiff's List of Proposed Topics for Defendant's Rule 30(b)(6) Deposition. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/7/2022) (rro)
January 6, 2022 Opinion or Order Filing 137 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Magistrate Judge Ona T. Wang on 1/6/2022) (js)
March 25, 2020 Opinion or Order Filing 96 OPINION AND ORDER: re: 88 MOTION to Strike Document No. 77 Defendant's Amended Answer (correction of docket # 86)filed by Terri Jablonski. For the reasons set forth above, Plaintiff's motion to strike is GRANTED in part and DENIED in part. Additionally, Plaintiff's motion for sanctions is DENIED and Defendant is GRANTED leave to amend its Amended Answer. Defendant shall file a Second Amended Answer on or before May 8, 2020. SO ORDERED., Special Counsel, Inc. answer due 5/8/2020. (Signed by Judge Andrew L. Carter, Jr on 3/25/2020) (ama)
August 20, 2018 Opinion or Order Filing 49 OPINION & ORDER re: 37 MOTION for Reconsideration re; 36 Memorandum & Opinion filed by Terri Jablonski. For the reasons stated above, Plaintiff's Motion for Reconsideration is GRANTED as to her Second, Third, and Fourth Causes of Action, but DENIED as to her Fifth Cause of Action. Plaintiff is GRANTED forty-five days from the date of this order to amend the complaint consistent with this order, as well as the Court's previous order regarding her F irst, Sixth, Seventh, and Eighth Causes of Action. Order Granting Def.'s Mot to Dismiss 14, ECF No. 36. The Court recommends that Plaintiff also edit, i.e., pare down and make concise, the allegations underlying Second, Third, and Fourth Causes of Action. (Signed by Judge Andrew L. Carter, Jr on 8/20/2018) (mro)
September 28, 2017 Opinion or Order Filing 36 OPINION AND ORDER re: 28 MOTION to Dismiss Plaintiff's First Amended Complaint. filed by Special Counsel, Inc. For the foregoing reasons, the Court dismisses the second, third, fourth, fifth, ninth, tenth, eleventh, twelfth, t hirteenth, and fourteenth causes of action. Plaintiff is afforded leave to replead the defamation (first) and retaliation (sixth, seventh, and eighth) claims within 45 days of the date of this Opinion and Order. (Signed by Judge Andrew L. Carter, Jr on 9/28/2017) (rj)
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Plaintiff: Terri Jablonski
Represented By: Maria Estelle Jablonski
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Defendant: Special Counsel, Inc.
Represented By: Carrie Elizabeth Anderer
Represented By: Peter Greg Goodman
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