Cestari v. The Bancorp, Inc.
Plaintiff: Robert M. Cestari
Defendant: The Bancorp, Inc.
Case Number: 1:2017cv04054
Filed: May 30, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Debra C Freeman
Referring Judge: Victor Marrero
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 lr
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 3, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2018 Filing 46 DECLARATION of Amory McAndrew re: #44 Declaration, Supplementing September 28 Declaration. Document filed by Robert M. Cestari. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McAndrew, Amory)
October 1, 2018 Filing 45 LETTER addressed to Judge Victor Marrero from Michael C. Schmidt dated October 1, 2018 re: Defendant's Anticipated Summary Judgment Motion. Document filed by The Bancorp, Inc..(Schmidt, Michael)
September 28, 2018 Filing 44 DECLARATION of Amory McAndrew re: #42 Counter Statement to Rule 56.1, #43 Rule 56.1 Statement . Document filed by Robert M. Cestari. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4a, #5 Exhibit 4b, #6 Exhibit 4c, #7 Exhibit 4d, #8 Exhibit 4e, #9 Exhibit 4f, #10 Exhibit 5a, #11 Exhibit 5b, #12 Exhibit 5c, #13 Exhibit 6, #14 Exhibit 7)(McAndrew, Amory)
September 28, 2018 Filing 43 RULE 56.1 STATEMENT. Document filed by Robert M. Cestari. (McAndrew, Amory)
September 28, 2018 Filing 42 COUNTER STATEMENT TO #39 Rule 56.1 Statement. Document filed by Robert M. Cestari. (McAndrew, Amory)
September 28, 2018 Filing 41 LETTER addressed to Judge Victor Marrero from Richard Reice dated September 28, 2018 re: The Bancorp's September 7 letter. Document filed by Robert M. Cestari.(McAndrew, Amory)
September 18, 2018 Filing 40 DECLARATION of Michael C. Schmidt re: #39 Rule 56.1 Statement . Document filed by The Bancorp, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1, #4 Exhibit C part 2, #5 Exhibit C part 3, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N)(Schmidt, Michael)
September 18, 2018 Filing 39 RULE 56.1 STATEMENT. Document filed by The Bancorp, Inc.. (Schmidt, Michael)
September 18, 2018 Opinion or Order Filing 38 ENDORSED LETTER: addressed to Judge Victor Marrero from Amory W. McAndrew dated 9/17/2018 re: Counsel for Plaintiff writes Defendant's Rule 56.l Statement (ECF No. 37), which was filed on September 7, 2018, is currently due on September 21, 2018. Counsel respectfully requests a one week extension to September 28, 2018. ENDORSEMENT: Request Granted. The time for Plaintiff to respond to defendant's Rule 56.1 Statement herein is extended to 9/28/2018. So Ordered. (Signed by Judge Victor Marrero on 9/18/2018) (js)
September 18, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Michael Craig Schmidt to RE-FILE Document #37 MOTION for Summary Judgment Rule 56.1 Statement. Use the event type Rule 56.1 Statement found under the event list Other Answers. NOTE: The Declaration must be filed separately, using the event type Declaration (non-motion) found under the event list Other Answers. (ldi)
September 7, 2018 Filing 37 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Summary Judgment Rule 56.1 Statement. Document filed by The Bancorp, Inc.. Responses due by 9/21/2018 (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N)(Schmidt, Michael) Modified on 9/18/2018 (ldi).
September 7, 2018 Filing 36 LETTER addressed to Judge Victor Marrero from Michael C. Schmidt dated September 7, 2018 re: Defendant's Rule 56.1 Statement. Document filed by The Bancorp, Inc..(Schmidt, Michael)
July 30, 2018 Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 7/30/2018. Richard Reice and Amory McAndrew present for plaintiff Robert Cestari. Michael Schmidt present for defendant the Bancorp, Inc. Defendant to submit a statement of facts by September 7, 2018. Plaintiff to submit a response by September 21, 2018. (JW)
July 19, 2018 Opinion or Order Filing 35 ORDER. All parties are advised that a telephone conference has been scheduled for July 30, 2018 at 3:00 p.m. SO ORDERED. (Telephone Conference set for 7/30/2018 at 03:00 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 7/19/2018) (rjm)
July 18, 2018 Filing 34 ENDORSED LETTER addressed to Judge Victor Marrero from Richard M. Reice dated 7/17/2018 re: Plaintiff respectfully requests that the Court deny Defendant's request to submit a motion for summary judgment motion as to brief such an inappropriate motion would be a waste of the Court's precious resources. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 7/18/2018) (cf)
July 18, 2018 Filing 33 ENDORSED LETTER addressed to Judge Victor Marrero from COZEN O'CONNOR dated 7/16/2018 re: Defendant The Bancorp, Inc. respectfully requests that the Court schedule a pre-motion conference and set a briefing schedule for its anticipated motion for summary judgment. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. (Signed by Judge Victor Marrero on 7/18/2018) (cf)
March 22, 2018 Filing 32 MEMO ENDORSEMENT: on re: #31 Letter filed by Robert M. Cestari. ENDORSEMENT: Granted-No further extensions without good cause. (Expert Discovery due by 5/28/2018. Fact Discovery due by 5/7/2018.) (Signed by Magistrate Judge Debra C. Freeman on 3/22/2018) (ap)
March 20, 2018 Filing 31 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from both parties dated March 20, 2018 re: joint request for extension of fact discovery deadline. Document filed by Robert M. Cestari.(Cavaleri, Damian)
March 13, 2018 Opinion or Order Filing 30 ORDER FOR ADMISSION OF GEORGE A. VOEGELE, JR. PRO HAC VICE: granting #27 Motion for George A. Voegele, Jr. to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 3/13/2018) (ap)
March 9, 2018 Opinion or Order Filing 29 ORDER FOR ADMISSION OF STEVEN D. MILLMAN. PRO HAC VICE: granting #28 Motion for Steven D. Millman to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 3/9/2018) (ap)
March 8, 2018 Filing 28 MOTION for Steven D. Millman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14785964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bancorp, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion of Steven D. Millman for Admission Pro Hac Vice, #2 Certificate of Good Standing from NJ, #3 Certificate of Good Standing from PA, #4 Text of Proposed Order)(Millman, Steven)
March 8, 2018 Filing 27 MOTION for George A. Voegele, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14785755. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Bancorp, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion of George A. Voegele, Jr. for Admission Pro Hac Vice, #2 Certificate of Good Standing from NJ, #3 Certificate of Good Standing from PA, #4 Text of Proposed Order)(Voegele, George)
March 8, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for George A. Voegele, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14785755. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 8, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Steven D. Millman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14785964. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 5, 2018 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 3/5/2018. (aba)
February 28, 2018 Opinion or Order Filing 26 ENDORSED LETTER addressed to Judge Victor Marrero from COZEN O'CONNOR [Michael C. Schmidt] dated 2/27/2018 re: The parties jointly request that the Court adjourn this Friday's status conference pending the parties' settlement conference on Monday (March 5th). ENDORSEMENT: GRANTED. The status conference scheduled for 3-2-18 at 10:00 a.m. is cancelled. The parties are to advise the Court regarding settlement prospects on or about 3-6-18 at which time the Court will schedule another conference if necessary. SO ORDERED. (Signed by Judge Paul A. Engelmayer sitting in Part 1 on 2/28/2018) (anc) Modified on 2/28/2018 (anc).
February 23, 2018 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 2/23/2018, ( Settlement Conference set for 3/5/2018 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman). (aba)
February 5, 2018 Filing 25 MEMO ENDORSEMENT: on re: #24 Letter filed by The Bancorp, Inc. ENDORSEMENT: Granted. (Fact Discovery due by 3/23/2018.) (Signed by Magistrate Judge Debra C. Freeman on 2/5/2018) (ap)
February 1, 2018 Filing 24 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from both parties dated February 1, 2018 re: joint request for extension of fact discovery deadline. Document filed by The Bancorp, Inc..(Queliz, Jennifer)
January 31, 2018 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 1/31/2018, ( Settlement Conference set for 3/5/2018 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman., Telephone Conference set for 2/23/2018 at 10:30 AM before Magistrate Judge Debra C. Freeman). (aba)
January 5, 2018 Opinion or Order Filing 23 STIPULATED ORDER OF CONFIDENTIALITY...regarding procedures to be followed that shall govern the handling of confidential material...Any application to maintain the confidentiality of documents or information at trial shall be made to the trial judge, in advance of trial. SO ORDERED: as amended at paragraph 4. (Signed by Magistrate Judge Debra C. Freeman on 1/5/2018) (anc)
December 14, 2017 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 12/14/2017, ( Telephone Conference set for 1/31/2018 at 10:00 AM before Magistrate Judge Debra C. Freeman). (aba)
November 21, 2017 Filing 22 NOTICE OF APPEARANCE by Amory Winslow McAndrew on behalf of Robert M. Cestari. (McAndrew, Amory)
October 30, 2017 Opinion or Order Filing 21 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Victor Marrero on 10/27/2017) (ap)
October 30, 2017 Magistrate Judge Debra C. Freeman is so redesignated. (ma)
October 27, 2017 Opinion or Order Filing 20 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of Parties due by 11/17/2017. Amended Pleadings due by 11/17/2017. Fact Discovery due by 2/23/2018. Non-expert deposition due by 1/31/2018. Plaintiff motion due by 6/8/2018. Defendant motion due by 7/16/2018. Deposition due by 4/13/2018. Expert Discovery due by 4/13/2018. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636(c). Case Management Conference set for 3/2/2018 at 10:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 10/27/2017) (ap)
October 27, 2017 Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 10/27/2017. Damian Raphael Cavaleri and Richard Malcom Reice present for plaintiff Robert Cestari. Michael Craig Schmidt and Jennifer Ann Queliz present for defendant the Bancorp, Inc. Subsequent conference scheduled for March 2, 2018 at 10 a.m. (JW)
October 26, 2017 Opinion or Order Filing 19 ORDER: It is hereby ordered that the initial conference in this case before Judge Marrero previously scheduled for Friday, October 27, 2017 at 9:45 a.m. shall be rescheduled to Friday, October 27, 2017 at 9:15 a.m. (Initial Conference set for 10/27/2017 at 9:15 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 10/26/2017) (ap)
October 20, 2017 Filing 18 JOINT LETTER addressed to Judge Victor Marrero dated October 20, 2017 re: Initial Conference. Document filed by Robert M. Cestari.(Cavaleri, Damian)
October 5, 2017 Opinion or Order Filing 17 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 10/27/2017 at 9:45 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero, and as further set forth in this order. (Signed by Judge Victor Marrero on 10/4/2017) (ap) Modified on 10/17/2017 (ap).
September 25, 2017 Filing 16 NOTICE of Withdrawal of Appearance of Jennifer B. Schoch, Esq. for Robert M. Cestari. Document filed by Robert M. Cestari. (Cavaleri, Damian)
August 7, 2017 Filing 15 ANSWER to #14 Counterclaim. Document filed by Robert M. Cestari.(Cavaleri, Damian)
July 17, 2017 Filing 14 ANSWER to #5 Amended Complaint., COUNTERCLAIM against Robert M. Cestari. Document filed by The Bancorp, Inc..(Schmidt, Michael)
July 14, 2017 Filing 13 NOTICE OF APPEARANCE by Jennifer Barrie Schoch on behalf of Robert M. Cestari. (Schoch, Jennifer)
July 13, 2017 Filing 12 NOTICE OF APPEARANCE by Michael Craig Schmidt on behalf of The Bancorp, Inc.. (Schmidt, Michael)
June 22, 2017 Filing 11 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys, that the date by which Defendant The Bancorp, Inc. must answer, move, or otherwise respond to the Amended Complaint served by Plaintiff Robert M. Cestari on June 12, 2017 in this case is extended from June 26, 2017 to July 17, 2017. IT IS FURTHER STIPULATED AND AGREED that a facsimile or e-mailed copy of any signature on this Stipulation shall have the same force and effect as an original signature. The Bancorp, Inc. answer due 7/17/2017. (Signed by Judge Victor Marrero on 6/21/2017) (ap) Modified on 6/26/2017 (ap).
June 21, 2017 Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Bancorp, Inc..(Queliz, Jennifer)
June 21, 2017 Filing 9 NOTICE OF APPEARANCE by Jennifer Ann Queliz on behalf of The Bancorp, Inc.. (Queliz, Jennifer)
June 13, 2017 Filing 8 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. The Bancorp, Inc. served on 6/12/2017, answer due 7/3/2017. Service was accepted by Melissa Holt - authorized to accept service. Document filed by Robert M. Cestari. (Cavaleri, Damian)
June 9, 2017 Filing 7 ELECTRONIC SUMMONS ISSUED as to The Bancorp, Inc.. (pc)
June 8, 2017 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The Bancorp, Inc., re: #5 Amended Complaint. Document filed by Robert M. Cestari. (Cavaleri, Damian)
June 8, 2017 Filing 5 AMENDED COMPLAINT amending #1 Complaint against The Bancorp, Inc. with JURY DEMAND.Document filed by Robert M. Cestari. Related document: #1 Complaint filed by Robert M. Cestari.(Cavaleri, Damian)
May 31, 2017 Filing 4 CIVIL COVER SHEET filed. (Cavaleri, Damian)
May 31, 2017 Filing 3 NOTICE OF APPEARANCE by Richard Malcom Reice on behalf of Robert M. Cestari. (Reice, Richard)
May 31, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Damian Raphael Cavaleri to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc)
May 31, 2017 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Damian Raphael Cavaleri. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,575,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank. (pc)
May 31, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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)
May 31, 2017 Case Designated ECF. (pc)
May 31, 2017 Magistrate Judge James C. Francis IV is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
May 30, 2017 Filing 2 NOTICE OF APPEARANCE by Damian Raphael Cavaleri on behalf of Robert M. Cestari. (Cavaleri, Damian)
May 30, 2017 Filing 1 COMPLAINT against The Bancorp, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13722559)Document filed by Robert M. Cestari. (Attachments: #1 Civil Cover Sheet)(Cavaleri, Damian)

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Defendant: The Bancorp, Inc.
Represented By: George A. Voegele, Jr.
Represented By: Steven D. Millman
Represented By: Jennifer Ann Queliz
Represented By: Michael Craig Schmidt
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Plaintiff: Robert M. Cestari
Represented By: Damian Raphael Cavaleri
Represented By: Jennifer B. Argyle
Represented By: Amory Winslow McAndrew
Represented By: Richard Malcom Reice
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