Warden v. GfK Custom Research, LLC
| Warden and Andrew Warden |
| GfK Custom Research, LLC |
| 1:2017cv01796 |
| March 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2017. A more recent docket listing may be available from PACER.
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Filing 33
STIPULATION OF DISMISSAL WITH PREJUDICE: WHEREAS, Plaintiff ANDREW WARDEN endeavors to voluntarily withdraw his claims and dismiss this action with prejudice as against Defendant GFK CUSTOM RESEARCH LLC, and Defendant consents to such withdrawal. STIPULATED AND AGREED, by and between the attorneys for the respective parties herein that the above-captioned action, is hereby dismissed with prejudice, the parties to bear their own costs and attorneys' fees except as otherwise agreed between the parties. So ordered. GFK Custom Research, LLC terminated. (Signed by Judge Paul A. Engelmayer on 12/19/2017) (rjm)
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| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Gottlieb Document #32 Stipulation of Voluntary Dismissal,, was referred to Judge Paul A. Engelmayer for approval. (tro) |
| Filing 32 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) GfK Custom Research, LLC and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Andrew Warden.(Gottlieb, David) Modified on 12/19/2017 (tro). |
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Filing 31
ORDER OF DISCONTINUANCE: It is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated; and as further set forth herein. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/29/2017) (anc)
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| Filing 30 JOINT LETTER addressed to Judge Paul A. Engelmayer from Bryan L. Arbeit dated November 29, 2017 re: the Parties' Settlement in Principle. Document filed by Andrew Warden.(Arbeit, Bryan) |
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Complete Discovery. Granted. Upon counsel's representations that all parties consent, the deadline by which to complete all fact discovery is hereby extended to January 30, 2018. The stay of discovery imposed by this Court's October 6, 2017, Order (Dkt. 27) remains in effect, pending mediation. (Signed by Judge Paul A. Engelmayer on 10/12/2017) (mro)
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| Set/Reset Deadlines: Fact Discovery due by 1/20/2018. (mro) |
| Filing 28 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Bryan L. Arbeit dated October 10, 2017. Document filed by Andrew Warden.(Arbeit, Bryan) |
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Filing 27
ORDER granting #26 Letter Motion to Stay. Granted. Upon counsel's representations that all parties consent to this stay request, and that such a stay is necessary to facilitate mediation, the Court hereby stays discovery pending mediation. In the event mediation is unsuccessful, counsel are directed to submit a revised case management plan promptly. The Court will approve a revised case management plan only to the extent that the revised plan extends discovery by a period of time less than or equal to the amount of time remaining under the original plan (that is, 25 days). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/6/2017) (anc)
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| Filing 26 JOINT LETTER MOTION to Stay Discovery Pending the Parties' November 15, 2017 Mediation addressed to Judge Paul A. Engelmayer from Bryan L. Arbeit dated October 5, 2017. Document filed by Andrew Warden.(Arbeit, Bryan) |
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Filing 25
ORDER: terminating #20 Letter Motion for Conference. This order resolves the discovery disputes disclosed in the parties' letters of August 17, 2017, Dkt. 20, and August 22, 2017, Dkt. 24. The Court treats the parties' dispute as to ESI protocols as resolved. As to the sequence of documentary discovery and depositions, the Court expects that (1) document production is to completed first; (2) the deposition of plaintiff will follow; and (3) the deposition of defendant's employee, Helen Zeitoun, will then follow. The Court leaves the scheduling of these depositions to the parties. (Signed by Judge Paul A. Engelmayer on 8/31/2017) (ap)
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| Filing 24 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Emily Haigh, Esq. dated August 22, 2017 re: #20 LETTER MOTION for Conference re Plaintiff's Request to Compel Defendant to Produce Witness and to Respond to Proposed ESI Protocol addressed to Judge Paul A. Engelmayer from David E. Gottlieb dated August 17, 2017. . Document filed by GfK Custom Research, LLC. (Haigh, Emily) |
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Filing 23
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL. ENDORSEMENT: Granted. As other counsel have entered appearances to represent plaintiff, the Clerk of Court is respectfully directed to terminate Mr. Guan as counsel for plaintiff in this action and to terminate the motion pending at Dkt. 21. So ordered. Granting #21 Motion to Withdraw as Attorney. Attorney Tony P. Guan terminated. (Signed by Judge Paul A. Engelmayer on 8/22/2017) (rjm)
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| Filing 22 NOTICE OF APPEARANCE by Bryan Louis Arbeit on behalf of Andrew Warden. (Arbeit, Bryan) |
| Filing 21 MOTION for Tony P. Guan to Withdraw as Attorney . Document filed by Andrew Warden.(Gottlieb, David) |
| Filing 20 LETTER MOTION for Conference re Plaintiff's Request to Compel Defendant to Produce Witness and to Respond to Proposed ESI Protocol addressed to Judge Paul A. Engelmayer from David E. Gottlieb dated August 17, 2017. Document filed by Andrew Warden.(Gottlieb, David) |
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Filing 19
STIPULATED CONFIDENTIALITY PROTECTIVE AND FRE 502(D) AND (E) CLAWBACK ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 8/9/2017) (ap)
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 10/31/2017. Depositions due by 10/31/2017. Expert Discovery due by 12/15/2017. All motions and applications shall be governed by the Court's Individual Rules and Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. The Final Pretrial Order date is thirty (30) days following the close of fact and expert discovery (whichever is later). By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepare in accordance with the undersigned's Individual Rules and Practices. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. Case Management Conference set for 11/28/2017 at 05:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 6/16/2017) (anc)
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Filing 17
ORDER granting #15 Letter Motion for Discovery. In light of the parties' submission of a proposed civil case management plan, the Court sill forgo holding an initial pretrial conference in this case. Instead, the Court will approve the parties' proposed civil case management plan to govern discovery in this case, and, schedules a case management conference in this case for November 28, 2017, at 5 p.m. If either party anticipates making a motion for summary judgment, pre-motion letters must be submitted in advance of that conference pursuant to the Court's Individual Rules. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/16/2017) (anc)
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| Set/Reset Hearings: Case Management Conference set for 11/28/2017 at 05:00 PM before Judge Paul A. Engelmayer. (anc) |
| Mediator Session Held on 6/14/2017 at Mediator's Office.(mf) |
| Filing 16 NOTICE OF APPEARANCE by Tony P. Guan on behalf of Andrew Warden. (Guan, Tony) |
| Filing 15 JOINT LETTER MOTION for Discovery Enclosing Proposed Civil Case Management Plan and Scheduling Order addressed to Judge Paul A. Engelmayer from David E. Gottlieb dated June 14, 2017. Document filed by Andrew Warden. (Attachments: #1 Exhibit A - Proposed Civil Case Management Plan and Scheduling Order)(Gottlieb, David) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 6/14/2017, 10:00AM at the Offices of the Mediator.(mf) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/2/2017.(cda) |
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Filing 14
ORDER re: #12 Order for Initial Pretrial Conference, #13 Order of Automatic Referral to Mediation. Accordingly, the Court hereby adjourns the initial pretrial conference in this case. The Court encourages the parties to pursue mediation diligently and promptly. In the event mediation is unsuccessful, the Court will schedule a new initial pretrial conference. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/2/2017) (anc)
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Filing 13
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 5/12/2017. (Signed by Judge Loretta A. Preska on 10/1/15) (mf)
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/30/2017 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. And as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/2/2017) (anc)
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| Filing 11 ANSWER to #1 Complaint. Document filed by GfK Custom Research, LLC.(Benson, Craig) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GFK North America Holding GmbH, Corporate Parent GfK SE, Corporate Parent GfK Holding Inc. for GfK Custom Research, LLC. Document filed by GfK Custom Research, LLC.(Benson, Craig) |
| Filing 9 NOTICE OF APPEARANCE by Christine Lee Hogan on behalf of GfK Custom Research, LLC. (Hogan, Christine) |
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Filing 8
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that the time in which Defendant may answer, move, or otherwise respond to the Complaint in this action is extended to and including April 30, 2017. SO ORDERED. (GfK Custom Research, LLC answer due 4/30/2017.) (Signed by Judge Paul A. Engelmayer on 4/6/2017) (anc)
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| Filing 7 NOTICE OF APPEARANCE by Emily Clara Haigh on behalf of GfK Custom Research, LLC. (Haigh, Emily) |
| Filing 6 NOTICE OF APPEARANCE by Craig Robert Benson on behalf of GfK Custom Research, LLC. (Benson, Craig) |
| Filing 5 AFFIDAVIT OF SERVICE. GfK Custom Research, LLC served on 3/15/2017, answer due 4/5/2017. Service was accepted by R. Foster. Document filed by Andrew Warden. (Gottlieb, David) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to GfK Custom Research, LLC. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| Magistrate Judge Katharine H. Parker is so designated. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to GfK Custom Research, LLC, re: #1 Complaint. Document filed by Andrew Warden. (Gottlieb, David) |
| Filing 2 CIVIL COVER SHEET filed. (Gottlieb, David) |
| Filing 1 COMPLAINT against GfK Custom Research, LLC. (Filing Fee $ 400.00, Receipt Number 0208-13408842)Document filed by Andrew Warden.(Gottlieb, David) |
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