| August 9, 2022 |
Filing
190
ORDER granting 189 Letter Motion to Stay re: 189 JOINT LETTER MOTION to Stay addressed to Judge Paul G. Gardephe from Dariush Keyhani dated August 3, 2022. The application is granted. This case will be stayed pending the Court's decision on New Jersey Transit's proposed motion for summary judgment. The conference scheduled for October 6, 2022 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/9/2022) (ks)
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| July 21, 2022 |
Filing
188
ORDER granting 170 Letter Motion for Leave to File Document; granting in part and denying in part 173 Motion to Quash; terminating 175 Letter Motion for Conference re: 170 LETTER MOTION for Leave to File Motion for Summary Judgment as to New Jersey Transit addressed to Judge Paul G. Gardephe from Ashley N. Moore dated May 9, 2022., 173 MOTION to Quash Defendants' Subpoena of Third Party Jennifer Meredith and for a Protective Order., 175 LETTER M OTION for Conference addressed to Judge Paul G. Gardephe from Dariush Keyhani dated July 8, 2022., 176 LETTER MOTION to Compel Bytemark Inc. to Confer and for the court to Strike Dkt. 175 addressed to Judge Paul G. Gardeph e from Jonathan Powers dated July 11, 2022., 179 MOTION to Seal Exhibit 3 to Defendants' Response in Opposition to Third-Party Jennifer Meredith's Motion to Quash Subpoena and For Protective Order., 181 MOTION to Stay pending the courts ruling on the eleventh amendment immunity. ; denying 176 Letter Motion to Compel; denying without prejudice 179 Motion to Seal; granting in part and denying in part 181 Motion to Stay re: 170 LETTER MOT ION for Leave to File Motion for Summary Judgment as to New Jersey Transit addressed to Judge Paul G. Gardephe from Ashley N. Moore dated May 9, 2022., 173 MOTION to Quash Defendants' Subpoena of Third Party Jennifer Meredith and for a Protective Order., 175 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Dariush Keyhani dated July 8, 2022., 176 LETTER MOTION to Compel Bytemark Inc. to Confer and for the court to Stri ke Dkt. 175 addressed to Judge Paul G. Gardephe from Jonathan Powers dated July 11, 2022., 179 MOTION to Seal Exhibit 3 to Defendants' Response in Opposition to Third-Party Jennifer Meredith's Motion to Quash Subpoena and For Protective Order., 181 MOTION to Stay pending the courts ruling on the eleventh amendment immunity. Having considered the parties' requests, this Court hereby orders as follows: New Jersey Transit's motion to stay (Dkt. No. 181) is granted, with the exception that discovery on the limited issue of New Jersey Transit's sovereign immunity will be permitted. Discovery on this limited issue shall conclude within 60 days - no later than September 23, 2022. The following briefing schedule will apply to New Jersey Transit's motion for summary judgment: New Jersey Transit's motion is due on October 14, 2022; Plaintiff's opposition papers are due on November 4, 2022; and New Jersey Tran sit's reply, if any, is due on November 11, 2022. As to Plaintiff's motion to quash (Dkt. No. 173), this motion is granted to the extent that all discovery relating to Plaintiff's alleged inequitable conduct underlying Defendants� 39; Counterclaim V and Twelfth Affirmative Defense (see Pltf. Motion to Dismiss (Dkt. No. 161)) is stayed pending the Court's decision on Plaintiff's motion at Docket Number 161. As to Defendants Xerox's and Conduent's motion t o seal (Dkt. No. 179), this motion is denied without prejudice. By July 27, 2022, Defendants Xerox and Conduent may refile their motion with an attached attorney declaration setting forth the particularized allegations justifying such relief. Defe ndants' application must be supported by applicable case law, including citations to Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). As to the remaining discovery issues discussed in Plaintiff's July 8, 2022 Let ter (Dkt. No. 175; see also Pltf. July 11, 2022 Ltr. (Dkt. No. 177); Pltf. July 20, 2022 Ltr. (Dkt. No. 187)), the parties are directed to meet and confer to discuss any possible joint resolution of these issues. If the parties are unable to reso lve the disputes set forth in these letters, they are to file a jointly composed letter of no more than five pages by July 28, 2022. Defendants' motion to strike (Dkt. No. 176) is denied. The Clerk of Court is directed to terminate the motions at Docket Numbers 170, 173, 175-76, 179,181. (Signed by Judge Paul G. Gardephe on 7/21/2022) (ate)
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| May 13, 2022 |
Filing
172
ORDER: It is hereby ORDERED that there will be a conference in this matter on October 6, 2022 at 10:30 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public m ay obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for the ir case to be called. At that time, the Court will un-mute the parties' lines. Seven days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbe rs that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. ( Telephone Conference set for 10/6/2022 at 10:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 5/13/2022) (vfr)
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| May 6, 2022 |
Filing
169
ORDER: The conference in this matter scheduled for May 12, 2022 will take by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conf erence by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the C ourt will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. Per Rule 7(A) of the Court's Individual Practices, the attorneys who will serve as principal trial counsel must appear at all conferences with the Court. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2022) (kv)
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| January 21, 2022 |
Filing
155
ORDER: As stated on the record during today's conference, the parties are directed to file a revised case management plan and joint letter by January 28, 2022. The parties' joint letter should address the following: (1) a brief descrip tion of the case, including the factual and legal bases for the claims and defenses; (2) the status of discovery; (3) any disputes with regards to the case management plan; (4) any contemplated motions; and (5) the prospect for settlement. I n light of the Court's finding that Defendants did not demonstrate in opposing the motion to amend that Plaintiff had engaged in inequitable conduct (Dkt. No. 147), Defendants are directed to state whether they agree to the dismissal of their Twelfth Affirmative Defense and Counterclaim V. (See Dkt. Nos. 141-42) Defendants' statement should be included in the parties' joint letter. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/21/2022) (ks)
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| January 18, 2022 |
Filing
152
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for Thursday, January 20, 2022 is adjourned to Friday, January 21, 2022 at 11:15 a.m. ( Telephone Conference set for 1/21/2022 at 11:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 1/18/2022) (ate)
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| January 11, 2022 |
Filing
148
ORDER: For the reasons discussed above, the parties' objections to Judge Fox's January 13, 2021 and January 21, 2021 orders (Dkt. Nos. 133-34) are sustained. Plaintiff's motion to strike (Dkt. No. 125) is denied. Plaintiff's mot ion to compel (Dkt. No. 119) is granted, and Defendant's motion to compel and for a protective order (Dkt. No. 115) is denied. Defendants are directed to respond to Plaintiff's Requests 38-40 and 60-62 of Plaintiff's Second Request forProduction by January 19, 2022. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/11/2022) (ama)
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| January 10, 2022 |
Filing
147
MEMORANDUM OPINION re: 141 LETTER MOTION for Leave to File Motion to Dismiss and Motion to Strike Defendants' Counterclaim and Affirmative Defense of Unenforceability addressed to Judge Paul G. Gardephe from Dariush Keyhani dat ed May 19, 2021. filed by Bytemark, Inc.. It was for the reasons stated above that this Court granted Bytemark's motion to file a Third Amended Complaint. (See Dkt. No. 138). SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/10/2022) (ks)
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| January 21, 2021 |
Filing
132
MEMORANDUM AND ORDER re: 130 Letter filed by Bytemark, Inc., 131 Letter, filed by Xerox Corp., Conduent, Inc., Xerox Transport Solutions, Inc., New Jersey Transit Corp., ACS Transport Solutions, Inc. Having considered the parti es' letter-motions, the Court finds that the plaintiff and the defendants failed to establish any of the grounds for granting their respective requests for the Court to reconsider its January 13, 2020 order. Therefore, the Court finds that denying the parties' requests, Docket Entry Nos. 130 and 131, is warranted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/21/2021) (va)
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| January 13, 2021 |
Filing
129
MEMORANDUM AND ORDER denying with prejudice 115 Letter Motion to Compel; denying with prejudice 119 Letter Motion to Compel; denying as moot 125 Motion to Strike docket entry and document 118 Reply Memorandum of Law in Support of Motio n, filed by Xerox Corp., Conduent, Inc., Xerox Transport Solutions, Inc., New Jersey Transit Corp., ACS Transport Solutions, Inc. from the record; denying as moot 127 Letter Motion for Leave to File Document. For the foregoing reasons, the Court finds that the defendants and the plaintiff: (1) failed to comply with the Court's December 14, 2020 order; (2) failed to seek an enlargement of time as provided in the December 14, 2020 order; (3) failed to acknowledge the untime ly filing of their motions; (4) failed to provide any explanations for their untimely motions; and (5) waived any opportunity to have the Court consider the parties' reasons for untimeliness nunc pro tunc. Accordingly, the defendants' motion, Docket Entry No. 115, and the plaintiff's motion, Docket Entry No. 119, are denied, with prejudice. The plaintiff's motion, Docket Entry No. 125, and the defendants' letter-motion, Docket Entry No. 127, are moot. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/13/2021) (va)
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| December 14, 2020 |
Filing
110
ORDER: The parties' December 10, 2020 joint request for a pre-motion conference, Docket Entry No. 108, is denied. On or before December 28, 2020, any motions limited solely to the issues raised in the December 10, 2020 joint letter sh all be made. The Local Civil Rules of this court govern the timing of oppositions and replies. Memoranda of law in support of and in opposition to a motion shall be no longer than 15 double-spaced pages in 12-point font, inclusive of a table of contents and a table of authorities, and reply memoranda of law shall be no longer than 6 double-spaced pages in 12-point font. No footnotes are permitted. The Court will not entertain any requests to extend the number of pages or filing deadlines absent a showing of extraordinary circumstances. COVID-19 related issues do not constitute extraordinary circumstances. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/14/2020) (va)
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| December 23, 2019 |
Filing
102
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/23/2019) (jca)
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| September 24, 2018 |
Filing
72
ORDER: For the reasons stated above, Defendants' motion to dismiss is granted in part, and denied in part. Plaintiff's request for leave to amend is granted. Any Second Amended Complaint will be filed by October 1, 2018. (As further set forth in this Order.) (Amended Pleadings due by 10/1/2018.) (Signed by Judge Paul G. Gardephe on 9/21/2018) (cf)
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