Vega v. HSBC Securities USA et al
| Christopher Vega |
| HSBC Securities USA, HSBC Bank USA and HSBC Bank NA |
| 1:2016cv09424 |
| December 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Employment |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing
413
ORDER, The plaintiff should file any post-trial motions by February 14, 2022. The defendants should respond by February 18, 2022. The plaintiff may reply by February 23, 2022. The Clerk is directed to mail a copy of this Order to the plaintiff and to note service on the docket. SO ORDERED. ( Motions due by 2/14/2022., Responses due by 2/18/2022, Replies due by 2/23/2022.) (Signed by Judge John G. Koeltl on 2/10/22) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
381
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable John G. Koeltl, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Amended Complaint Doc.# 73 is hereby dismissed. SO ORDERED. (Signed by Judge John G. Koeltl on 11/22/2021) (kv)
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Filing
380
MEMORANDUM OPINION AND ORDER: Accordingly, the Court will apply the preponderance of the evidence standard to the issue of punitive damages under the NYCHRL, and the Court will not modify the jury charge or the special verdict form with respect to the issue of punitive damages. SO ORDERED. (Signed by Judge John G. Koeltl on 11/17/2021) (ks)
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Filing
374
ORDER: Accordingly, the Court will explain to the jury that there is no issue in this case with regard to the plaintiff's termination, and that there is no claim for lost wages from HSBC after his termination, and no claim for damages for t he plaintiff's failure to obtain any other job following his employment with HSBC (assuming that the plaintiff cannot proffer evidence that any such failure was due specifically to the alleged demotion that is at issue in this case, and explain why such evidence was not previously produced in discovery). SO ORDERED. (Signed by Judge John G. Koeltl on 11/11/2021) (ks)
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Filing
375
ORDER: The parties submitted ten exhibits that the plaintiff proposes to introduce in the course of his direct testimony, all of which the defendants object to. ECF No. 372. The Court is prepared to discuss the exhibits at 9:00 a.m. tomorrow, and the preliminary rulings below are subject to further arguments by the parties, but the Court makes the following preliminary rulings. As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 11/11/2021) (ks)
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Filing
369
MEMORANDUM OPINION AND ORDER re: 362 MOTION to take Judicial Notice . filed by HSBC SECURITIES(USA)INC., HSBC BANK USA, N.A., Shalini Guglani. Accordingly, this motion is denied without prejudice as moot. The plaintiff is remi nded, once again, that if he refers in the presence of the jury to any of the litany of alleged prior bad acts of HSBC, which the Court has already ruled are inadmissible, then he subjects himself to sanctions and possibly a mistrial. The Clerk is directed to close Docket No. 362. SO ORDERED. (Signed by Judge John G. Koeltl on 11/5/2021) (jca)
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Filing
366
ORDER: The witness discussed in ECF No. 364 may come to the Courthouse ten days after the positive test or the onset of symptoms, whichever is earlier. If the witness has severe symptoms at the time he or she would otherwise come to Court, then the witness should not come to Court. Questions should be directed to the Court's COVID response team at: Covid_Response@nysd.uscourts.gov. (Signed by Judge John G. Koeltl on 11/4/2021) (ate)
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Filing
356
ORDER, The parties are advised that this case is proceeding to trial beginning November 10, 2021. The Court will meet with the parties in Courtroom 24A, 500 Pearl St, New York, NY 10007, at 9:00 a.m. on November 10, 2021. The trial will occur in t hat courtroom. The parties can contact Mr. Fletcher to set up a familiarization tour of the Courtroom and the technology in advance of the firm trial date. SO ORDERED. ( Jury Trial set for 11/10/2021 at 09:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/1/21) (yv)
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Filing
355
ORDER: The defendants should respond to the outstanding motion in limine, ECF No. 353, regarding Exhibits 113-122, by November 2, 2021. The plaintiff may reply by November 4, 2021. The plaintiff should produce the proposed redacted SEC filings to the defendants by November 2, 2021. The defendants may respond by November 4, 2021. The plaintiff should notify the defendants whether the plaintiff plans to call Dr. Lloyd as a witness at trial by November 2, 2021. The parties should advise the Court of any issues with respect to Dr. Lloyd's testimony by November 4, 2021. SO ORDERED.(Responses due by 11/4/2021, Replies due by 11/4/2021.) (Signed by Judge John G. Koeltl on 10/28/2021) (js)
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Filing
339
ORDER re: 337 Letter, filed by Richard Stryker. The plaintiff's request that the September 2, 2021 settlement conference be canceled, Docket Entry No. 337, is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/31/2021) (kv)
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Filing
334
ORDER granting in part and denying in part 266 Motion in Limine; granting in part and denying in part 271 Motion in Limine; granting in part and denying in part 276 Motion in Limine; granting in part and denying in part 307 Motion in Limine. The parties should submit deposition transcripts to be offered by September 3, 2021. Trial is scheduled for November 8, 2021. The final pre-trial conference is scheduled for October 28, 2021 at 4:00 p.m. Each side will have 8 hours for ex amination of witnesses at trial. For the reasons stated at the June 24, 2021 conference, the plaintiff's motion in limine is granted in part and denied in part, and the defendants' motions in limine are granted in part and denied in part . The plaintiff's motion to amend the Joint Pre-Trial Order is granted in part and denied in part. The Clerk is directed to close all pending motions. A copy of this Order will be emailed to the prose plaintiff at the email address listed on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 6/28/2021) (va)
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Filing
332
ORDER : IT IS HEREBY ORDERED that a settlement conference shall be held in the above- captioned action on September 2, 2021, at 10:30 a.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. The parties are also directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, which may be found on the Court's website. As set forth in the procedures, no later than three days before the conference, the parties must provide Judge Fox: (1) a pre-conference letter; and (2) a completed attendance form; these submissions shall be made via e-mail to: elizabeth_potter@nysd.uscourts.gov. Additionally, at least five days prior to the settlement conference, the parties must confer to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. SO ORDERED. ( Telephone Conference set for 9/2/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/25/2021) (vfr)
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Filing
329
ORDER: The defendants are requested promptly to provide the Court with a courtesy copy of the Joint Pre-Trial Order and complete copies of all motions in limine filed by the plaintiff and by the defendants. (Signed by Judge John G. Koeltl on 5/18/2021) (nb)
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Filing
319
ORDER. The Court will accept the plaintiff's motion in limine. See ECF 303, 307, 309. The Court also accepts the opposition papers previously filed by the defendants. See ECF 300-02. The plaintiff may reply to the defendants' opposition pap ers January 19, 2021. The parties should attempt to cooperate and avoid bickering. The Clerk is directed to close Docket No. 303. Chambers will email a copy of this Order to the pro se plaintiff at the email address listed on the docket. SO ORDERED. Terminating 303 Motion in Limine. (Signed by Judge John G. Koeltl on 1/12/2021) (rjm)
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Filing
283
ORDER: The evidentiary hearing regarding the plaintiff's former counsel's retaining lien, which was previously adjourned, will be held on December 18, 2020, at 11:00 a.m. (EST). The hearing will be held as a video conference using the Skype for Business platform. The information necessary to access the video conference will be provided to the parties via email. To optimize the quality of the video feed, only the Court, the plaintiff and the plaintiff's former counse l will appear by video for the proceeding; all others will participate via telephone. Due to the limited capacity of the Skype for Business system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (888) 557-8511 and entering access code 4862532. To optimize use of the Court's video conferencing technology, all participants must: (As further set forth herein.) ( Evidentiary Hearing set for 12/18/2020 at 11:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/7/2020) (va)
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Filing
262
ORDER re: 258 Letter filed by Richard Stryker. Accordingly, no need exists to delay this action because of the contemplated malpractice action. The Court is mindful that the matter of the retaining lien asserted by the plaintiff's pr ior counsel remains to be resolved. The hearing scheduled previously by the Court to dispose of that matter was adjourned sine die, due to the plaintiff's inpatient status at a mental health facility. The Court will reschedule the hearing a s soon as possible and advise the relevant parties of the hearing date through a separate order. The hearing will be held remotely. With respect to the plaintiff's request to alter the date for making motions in limine, that request should be addressed to the judicial officer who will resolve any motions in limine made by the parties. This order resolves the matters raised in Docket Entry No. 258. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/2/2020) (va)
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Filing
256
ORDER: A telephonic conference was held with counsel to the defendants and plaintiff pro se on November 5, 2020. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that, consistent with the schedule fixed by the Cour t during the conference, on or before December 2, 2020, the parties shall finalize their joint pretrial order and submit it to the court. The plaintiff's requests, that the defendants be directed to provide him with the medical records they tendered to his former counsel and that discovery be reopened, are denied. The defendants shall provide the plaintiff with legible copies of the documents identified as Bates numbers HSBC 003110-003128, unless those documents were produced previously to the plaintiff's former counsel. SO ORDERED. ( Pretrial Order due by 12/2/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/5/2020) (va) Modified on 11/5/2020 (va).
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Filing
255
ORDER: A telephone conference will be held with the parties on November 5, 2020, at 2:00 p.m. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. Please be advised that a court reporter will attend the conference via telephone. (Telephone Conference set for 11/5/2020 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/4/2020) (nb)
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Filing
251
ORDER: Counsel for the defendants has asked for models for jury charges. Parties should consult charges used by the Judge in similar cases and the model charge descriptions in the Sands, Siffert, Loughlin, Reiss, Allen, Rakoff, and Epstein treatise onModern Federal Jury Instructions-Civil.SO ORDERED. (Signed by Judge John G. Koeltl on 10/29/2020) (ks)
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Filing
246
ORDER: IT IS HEREBY ORDERED that on or before October 6, 2020 the parties shall submit their joint pretrial order to the court. That document must comply with the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge. SO ORDERED. ( Pretrial Order due by 10/6/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/8/2020) (va)
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Filing
245
MEMORANDUM OPINION AND ORDER re: 233 MOTION to Reopen. filed by Richard Stryker, 227 MOTION to Reopen. filed by Richard Stryker, 210 MOTION for Summary Judgment . filed by HSBC Bank NA, Peter Foglio, HSBC BANK USA, N.A., Daniel Anniello, Shalini Guglani, Andrew Ireland. Accordingly, the plaintiff's motions to reopen discovery are denied. The Court has considered all of the arguments raised by the parties. To the extent not specifically address ed, the arguments are either moot or without merit. For the reasons stated above, the defendants' motion for summary judgment dismissing the claims against HSBC is granted as to the failure to accommodate and hostile work environment claims a nd is denied as to the discrimination and retaliation claims and claims of aiding and abetting and employer liability solely with respect to the claim of alleged demotion from a PRA to FA under the ADA, the NYSHRL, and the NYCHR. Any ADA claims a gainst the individual defendants are dismissed. The defendants' motion for summary judgment dismissing the claims against the individual defendants under the NYSHRL and the NYCHRL is granted as to all claims against the individual defendants Ireland, Anniello, and Foglio; it is granted as to the failure to accommodate and hostile work environment claims and denied as to the discrimination retaliation claims and claims of direct and aiding and abetting liability under the NYSHRL and th e NYCHRL against the individual defendant Guglani solely with respect to the claim of alleged demotion from PRA to FA. The plaintiff's motions to reopen discovery are denied. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 8/31/2020) (ks)
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Filing
243
ORDER: The Court orders the Clerk of Court to strike what is currently filed as Dkt. No. 232-2 and replace it with pages 3 to 130 of Dkt. No 235. The Court also orders the Clerk to return the original copies of Exhibits E through N of the plaintiff& #039;s opposition to the plaintiff by mail. SO ORDERED. (Signed by Judge John G. Koeltl on 12/23/2019) Copies mailed by Chambers. (ks) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing.
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Filing
234
ORDER: The plaintiff filed a notice of motion to reopen discovery, dated November 19, 2019 (Dkt. No. 227). The defendants filed an opposition to this motion on November 27, 2019 (Dkt. No. 230). The plaintiff filed another notice of motion to reope n discovery, dated December 6, 2019 (Dkt. No. 233). The text of both notices of motion in Dkt. Nos. 227 & 233 are the same, but Dkt. No. 233 also attached a declaration in support of the motion to reopen. The defendant may submit any further opposition to the motion to reopen by December 23, 2019. The plaintiff may file any reply by January 6, 2020. (Responses due by 12/23/2019, Replies due by 1/6/2020.) (Signed by Judge John G. Koeltl on 12/13/2019) Copies Mailed By Chambers. (rro)
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Filing
199
MEMORANDUM AND ORDER denying 193 Motion. For the foregoing reasons, the plaintiff's motion to proceed as Christopher Vega, Docket Entry No. 193, is denied. The Clerk of Court is directed to amend the caption of this action to reflect that the name of the plaintiff is Richard Stryker. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/4/2019) Copies Mailed By Chambers to Richard Stryker. (anc)
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