R. Alexander Acosta v. Wilmington Trust N.A. et al
| Secretary of Labor, U.S. Dept. of Labor and R. Alexander Acosta |
| The HCMC Legal Inc. Employee Stock Ownership Plan and Wilmington Trust N.A. |
| HCMC Legal, Inc., Lynn Mestel, Daroth Capital Advisors LLC and Peter Rothschild |
| 1:2017cv06325 |
| August 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S Broderick |
| Kevin Nathaniel Fox |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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Filing 82
ORDER: On May 24, 2019, the parties and counsel for Interested Parties Daroth Capital Advisors LLC, Peter Rothschild, Lynn Mestel, and HCMC Legal, Inc. ("Interested Parties") appeared for a post-discovery conference. During the conference, I denied the Interested Parties' request for an order vacating Magistrate Judge Fox's February 1, 2019 order on Plaintiff's motion to compel ("February 1 Order"). I also ordered counsel for Plaintiff and counsel for the Interested Parties to meet and confer regarding the timeline for the Interested Parties' compliance with the February 1 Order, and to submit a joint letter within one week of the conference proposing next steps and a schedule for production. The parties have not submitted a letter. Accordingly, it is hereby: ORDERED that, no later than June 10, 2019, Plaintiffs and the Interested Parties shall submit a joint letter with a status update as to the Interested Parties' compliance with the February 1 Order and a proposed timeline for production. (Signed by Judge Vernon S. Broderick on 6/4/2019) (mro)
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Filing 81
ORDER: There is a post-discovery conference scheduled in this matter for May 24, 2019 at 10:30 a.m. (See Doc. 72.) In light of the parties' joint letter, (Doc. 80), indicating that there remains pending an objection by non-parties to Magistrate Judge Fox's February 1, 2019 order, (Doc. 56), it is hereby: ORDERED that counsel for all parties shall appear at the conference, including counsel for interested parties Daroth Capital Advisors LLC, Peter Rothschild, Lynn Mestel, and HCMC Legal, Inc. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/22/2019) (rro)
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| Filing 80 JOINT LETTER addressed to Judge Vernon S. Broderick from Defendant, Wilmington Trust & Plaintiff, Secretary of Labor dated 05/10/2019 re: Joint Case Status. Document filed by Wilmington Trust N.A..(Prame, Michael) |
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Filing 79
ORDER granting #78 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/11/2019) (kv)
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| Set/Reset Deadlines: Expert Discovery due by 5/17/2019. (kv) |
| Filing 78 FOURTH LETTER MOTION for Extension of Time to Complete Discovery (Expert Discovery) by May 17, 2019 addressed to Judge Vernon S. Broderick from Plaintiff, U.S. Secretary of Labor dated April 10, 2019. Document filed by R. Alexander Acosta.(Hettinger, Kira) |
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Filing 77
ORDER granting #76 Motion for Andrew D. Salek-Raham to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #76 MOTION for Andrew D. Salek-Raham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16532170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 76 MOTION for Andrew D. Salek-Raham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16532170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Exhibit A - DC COGS, #4 Exhibit B - NY COGS)(Salek-Raham, Andrew) |
| Filing 75 REPLY MEMORANDUM OF LAW in Support re: #61 Objection (non-motion), / Non-Party Respondents Lynn Mestel, HCMC Legal, Inc., Daroth Capital Advisors LLC. And Peter Rothschild's Reply Memorandum In Support Of Their Objection To Magistrate Judge Fox's Order On Plaintiff's Motion To Compel. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Burgo, Paul) |
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Filing 74
ORDER denying #62 Letter Motion for Oral Argument. APPLICATION DENIED. SO ORDERED. If I determine that oral argument is necessary, I will contact the parties. (Signed by Judge Vernon S. Broderick on 3/4/2019) (rro)
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| Filing 73 RESPONSE re: #61 Objection (non-motion), Order on Motion to Compel. Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit Declaration of Jeffrey Hahn, #2 Exhibit Email exchange with counsel for Daroth, #3 Exhibit Email exchange with counsel for HCMC parties)(Hahn, Jeffrey) |
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Filing 72
THIRD AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. The case is not to be tried to a jury. Fact Discovery due by 7/31/2019. Deposition due by 7/31/2019. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by 5/3/2019. Discovery due by 5/3/2019. Post-Discovery Conference set for 5/24/2019 at 10:30 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 8 days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/28/2019) (rro)
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Filing 71
ORDER granting #69 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/28/2019) (rro)
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| Filing 70 PROPOSED CASE MANAGEMENT PLAN. Document filed by R. Alexander Acosta. (Hettinger, Kira) |
| Filing 69 LETTER MOTION for Extension of Time to Complete Discovery by May 3, 2019 addressed to Judge Vernon S. Broderick from Plaintiff, U.S. Secretary of Labor dated February 27, 2019. Document filed by R. Alexander Acosta.(Hettinger, Kira) |
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Filing 68
ORDER granting #67 Motion for Ross P. McSweeney to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel) Transmission to Office of the Clerk of Court for processing.
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| Filing 67 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Affidavit, #2 Exhibit A - DC COGS, #3 Exhibit B - IL COGS, #4 Proposed Order)(McSweeney, Ross) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #67 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 66
ORDER denying #65 Motion for Ross P. McSweeney to Appear Pro Hac Vice. The movant failed to submit an affidavit, as required by Local Civil Rule 1.3 of this court. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 65 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Exhibit DC COGS, #4 Exhibit IL COGS)(McSweeney, Ross) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 64
STIPULATION: PLAINTIFF AND RESPONDENTS HEREBY STIPULATE AND AGREE, by and through the undersigned counsel, that Plaintiff shall respond to Respondents' objections to the Order within 14 days of when Respondents file their objections (the "Response"), and Respondents shall file their reply within 10 days of when Plaintiff files the Response. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/19/2019) (rro)
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| Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16366323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit, #3 Exhibit Exhibit - DC COGS, #4 Exhibit Exhibit - IL COGS)(McSweeney, Ross) Modified on 2/19/2019 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #63 MOTION for Ross P. McSweeney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16366323. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF ILLINOIS. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma) |
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Filing 62
LETTER MOTION for Oral Argument on objection, to an order by Magistrate Judge Fox, entered on February 1, 2019, granting plaintiff Secretary of Labors motion to compel production of documents withheld as privileged addressed to Judge Vernon S. Broderick from Jennifer S. Recine dated February 15, 2019. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild.(Recine, Jennifer)
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| Filing 61 Objection re: #56 Order on Motion to Compel, / Non-Party Respondents Lynn Mestel, HCMC Legal, Inc., Daroth Capital Advisors LLC, And Peter Rothschilds Memorandum Of Law In Support Of Their Objection To Magistrate Judge Foxs Order On Plaintiffs Motion To Compel. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Recine, Jennifer) |
| Filing 60 PROPOSED STIPULATION AND ORDER. Document filed by R. Alexander Acosta. (Hahn, Jeffrey) |
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Filing 59
STIPULATION: PLAINTIFF AND RESPONDENTS HEREBY STIPULATE AND AGREE, by and through the undersigned counsel, as follows: The Order is stayed until the District Court rules on the Plaintiff's and Respondents' Objections. Should the District Court and, if applicable, an appellate court, uphold the Order, then Respondents will produce all communications on their privilege logs that were sent from, sent to, or otherwise received by Daroth, including all documents in which Daroth or any Daroth personnel are listed in the from, to, cc, or bcc fields of their privilege logs. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/5/2019) (rro)
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| Filing 58 PROPOSED STIPULATION AND ORDER. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel. (Recine, Jennifer) |
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Filing 57
ORDER terminating #40 Letter Motion for Discovery. The Court finds that the dispute raised in the parties' July 23, 2018 joint letter, Docket Entry No. 40, is mooted by the resolution of the plaintiff's motion to compel referenced in the joint let ter. See Docket Entry No. 56. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/1/2019) (anc) Modified on 2/4/2019 (anc).
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Filing 56
MEMORANDUM AND ORDER granting #32 Motion to Compel. For the foregoing reasons, the plaintiff's motion to compel, Docket Entry No. 32, is granted. On or before February 5, 2019, Daroth shall produce the 50 e-mail communications at issue. On or before February 15, 2019, Rothschild shall testify as indicated above. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/1/2019) (anc)
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| Filing 55 JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Robert Furst dated January 16, 2019 re: Court's January 14, 2019 Order. Document filed by R. Alexander Acosta.(Silverman, Stephen) |
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Filing 54
ORDER: On or before January 16, 2019, the parties shall file a joint letter respecting the status of this litigation. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/14/2019) (anc)
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| Filing 53 JOINT LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from both parties dated December 6, 2018 re: case status update. Document filed by R. Alexander Acosta.(Hettinger, Kira) |
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Filing 52
ORDER: In a letter, dated September 12, 2018, the parties represented to the assigned district judge that they are engaged in "continuing mediation efforts" and, "[i]f the parties reach a tentative resolution at the planned mid-November mediation, then the requested extension [of the expert report deadline] provides the parties time to finalize the terms of such resolution, without having to spend the time and resources to meet an impending expert report deadline." Docket Entry No. 48. The request was granted and the schedule revised. See Docket Entry Nos. 50 and 51. On or before December 7, 2018, the parties shall file a joint letter respecting the status of this litigation. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/4/2018) (jca)
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Filing 51
SECOND AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The case is not to be tried to a jury. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by 4/19/2019. All Discovery due by 4/19/2019. Status Conference set for 4/25/2019 at 11:00 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 8 days. (Signed by Judge Vernon S. Broderick on 9/14/2018) (mro)
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Filing 50
ORDER granting #48 Letter Motion for Extension of Time to Complete Discovery. APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 9/14/2018) (mro)
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| Set/Reset Deadlines: Expert Discovery due by 4/19/2019. (mro) |
| Filing 49 PROPOSED CASE MANAGEMENT PLAN. Document filed by R. Alexander Acosta. (Hettinger, Kira) |
| Filing 48 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Vernon S. Broderick from both parties dated September 12, 2018. Document filed by R. Alexander Acosta.(Hettinger, Kira) |
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Filing 47
AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties have engaged in settlement discussions. This case is not to be tried to a jury. The case shall be ready for trial 60 days from the close of discovery or from the Court's decision on any dispositive motion. The parties have conferred and their present best estimate of the length of trial is 8 days. So Ordered Deposition due by 7/31/2018. Fact Discovery due by 7/31/2018. Expert Discovery due by 1/14/2019. Discovery due by 1/14/2019. Status Conference set for 1/24/2019 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 8/8/2018) (js)
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Filing 46
MEMO ENDORSEMENT on re: #44 Letter filed by Wilmington Trust N.A. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 8/8/2018) (js)
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| Filing 45 PROPOSED CASE MANAGEMENT PLAN. Document filed by Wilmington Trust N.A.. (Nielsen, Mark) |
| Filing 44 JOINT LETTER addressed to Judge Vernon S. Broderick from Mark C. Nielsen dated 8/7/2018 re: Joint letter re: Extension of Discovery Deadlines. Document filed by Wilmington Trust N.A..(Nielsen, Mark) |
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Filing 43
ORDER granting #42 Motion for John Longstreth to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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| Filing 42 MOTION for John Louis Longstreth to Appear Pro Hac Vice as Counsel for HCMC Legal, Inc.. Filing fee $ 200.00, receipt number 0208-15400987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HCMC Legal, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Longstreth, John) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for John Louis Longstreth to Appear Pro Hac Vice as Counsel for HCMC Legal, Inc.. Filing fee $ 200.00, receipt number 0208-15400987. Motion and supporting papers to be reviewed by Clerk's Office staff.>/F. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 41 NOTICE OF APPEARANCE by Anthony Peter Badaracco on behalf of HCMC Legal, Inc.. (Badaracco, Anthony) |
| Filing 40 JOINT LETTER MOTION for Discovery Dispute addressed to Judge Vernon S. Broderick from Stephen Silverman & John Longstreth dated 7/23/2018. Document filed by R. Alexander Acosta.(Silverman, Stephen) |
| Filing 39 REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Compel . . Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit Declaration of Jeffrey Hahn, #2 Exhibit Confidential Information Memorandum (Excerpts), #3 Exhibit May 31, 2011 email exchange, #4 Exhibit March 9, 2011 email exchange, #5 Exhibit June 6, 2011 email exchange, #6 Exhibit April 26, 2011 email exchange)(Hahn, Jeffrey) |
| Filing 38 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Compel . / Non-Party Respondents Memorandum of Law In Opposition To Plaintiff's Motion To Compel. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Burgo, Paul) |
| Filing 37 DECLARATION of Lynn Mestel in Opposition re: #32 MOTION to Compel .. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Burgo, Paul) |
| Filing 36 DECLARATION of Paul J. Burgo in Opposition re: #32 MOTION to Compel .. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burgo, Paul) |
| Filing 35 DECLARATION of Marc Baluda in Opposition re: #32 MOTION to Compel .. Document filed by Daroth Capital Advisors LLC, HCMC Legal, Inc., Lynn Mestel, Peter Rothschild. (Burgo, Paul) |
| Filing 34 DECLARATION of Peter Rothschild in Opposition re: #32 MOTION to Compel .. Document filed by Daroth Capital Advisors LLC, Peter Rothschild, Lynn Mestel, HCMC Legal, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Burgo, Paul) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Compel . . Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit Silverman Affidavit, #2 Exhibit Daroth Engagement Ltr, #3 Exhibit Daroth Transcript w/ Highlights, #4 Exhibit Daroth Subpoena Att A, #5 Exhibit Daroth Priv Log w/ Highlights, #6 Exhibit December 2016 emails, #7 Exhibit April 2018, #8 Exhibit HCMC Priv Log, #9 Exhibit Feb 2011 emails, #10 Exhibit Adamson emails, #11 Exhibit Apr 2011 emails, #12 Exhibit May 2011 emails, #13 Exhibit Apr 22 2011 emails)(Silverman, Stephen) |
| Filing 32 MOTION to Compel . Document filed by R. Alexander Acosta.(Silverman, Stephen) |
| Filing 31 NOTICE of of Motion to Compel. Document filed by R. Alexander Acosta. (Silverman, Stephen) |
| Filing 30 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Jeffrey Hahn dated 5/9/2018 re: The Plaintiff in the above-captioned case, R. Alexander Acosta, Secretary of Labor (the "Secretary"), together with non-parties HCMC, Inc., and Daroth Capital LLC, filed a joint letter with Judge Broderick concerning Daroth's assertion of attorney-client privilege over certain documents subpoenaed by the Secretary. (Docket and File) (anc) |
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Filing 29
ORDER denying #27 request for a pre-motion conference. Any motion in connection with the issues raised in the April 27, 2018 letter shall be made on or before May 17, 2018. The response to the motion and any reply shall be made in accordance with Local Civil Rule 6.1 of this court. Documents withheld from disclosure are to be provided to the Court for an in camera review along with the relevant privilege log and the transcript of Peter Rothschild's deposition. (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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Filing 28
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 Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge Vernon S. Broderick on 4/30/2018) (mro)
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| Filing 27 JOINT LETTER MOTION for Discovery Dispute addressed to Judge Vernon S. Broderick from Stephen Silverman & Jennifer Recine dated 4/27/2018. Document filed by R. Alexander Acosta.(Silverman, Stephen) |
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Filing 26
ORDER withdrawing #24 Motion to Stay. Application Granted. The Clerk of Court is respectfully directed to terminate the pending motion. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/24/2018) (rj)
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| Filing 25 NOTICE of Withdrawal of Motion to Stay re: #24 MOTION to Stay .. Document filed by R. Alexander Acosta. (Hettinger, Kira) |
| Filing 24 MOTION to Stay . Document filed by R. Alexander Acosta. (Attachments: #1 Text of Proposed Order Granting Stay)(Hettinger, Kira) |
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Filing 23
ORDER granting #22 Motion for Kira Layne-Schwabe Hettinger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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| Filing 22 MOTION for Kira Layne-Schwabe Hettinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by R. Alexander Acosta. (Attachments: #1 Exhibit Hettinger Declaration, #2 Exhibit CA Certificate of Good Standing, #3 Text of Proposed Order granting motion)(Hettinger, Kira) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Kira Layne-Schwabe Hettinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 21
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). The parties are engaged in settlement discussions. The case is not to be tried to a jury. Except as provided by Rule 15 of the Federal Rules of Civil Procedure, no additional parties may be joined without leave of the Court. Except as provided by Rule 15 of the Federal Rules of Civil Procedure, no additional causes of action or defenses may be asserted after without leave of the Court. Non Expert Deposition due by 7/31/2018. Expert Deposition due by 12/14/2018. Fact Discovery due by 7/31/2018. Expert Discovery due by 12/14/2018. Discovery due by 12/14/2018. Status Conference set for 1/3/2019 at 10:00 AM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is 8 days. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/17/2017) (rj)
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| Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 11/17/2017. (Court Reporter Carol Ganley) (msa) |
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Filing 20
ORDER granting #19 Motion for Justin M. Holmes to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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| Filing 19 MOTION for Justin M. Holmes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. Return Date set for 11/16/2017 at 04:00 PM. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit, #3 Exhibit Exhibit, #4 Exhibit Exhibit)(Holmes, Justin) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Justin M. Holmes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 18
ORDER granting #14 Motion for Jeffrey Michael Hahn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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Filing 17
ORDER granting #13 Motion for Mark C. Nielse to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #15 MOTION for Justin M. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346093. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 16 LETTER addressed to Judge Vernon S. Broderick from Mark C. Nielsen dated 11/9/2017 re: Joint Letter Concerning Initial Pretrial Conference. Document filed by Wilmington Trust N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(Nielsen, Mark) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Justin M. Holmes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Exhibit Exhibit, #2 Affidavit Affidavit, #3 Exhibit Exhibit, #4 Exhibit Exhibit)(Holmes, Justin) Modified on 11/13/2017 (wb). |
| Filing 14 MOTION for Jeffrey Michael Hahn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit of Jeffrey M, Hahn in support of motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Hahn, Jeffrey) Modified on 11/8/2017 (ma). Modified on 11/8/2017 (ma). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Jeffrey Michael Hahn to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 13 MOTION for Mark C. Nielsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14335451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wilmington Trust N.A.. (Attachments: #1 Exhibit Proposed Order, #2 Affidavit Affidavit, #3 Exhibit DC COGS, #4 Exhibit NY COGS)(Nielsen, Mark) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Mark C. Nielsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14335451. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 12
ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an initial pretrial conference on November 17, 2017 at 11:15 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that, by November 9, 2017, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs; and as further set forth in this Order. SO ORDERED. (Initial Conference set for 11/17/2017 at 11:15 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Paul A. Engelmayer on 11/1/2017) (anc) Modified on 11/2/2017 (anc).
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| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wilmington Trust Corporation, Corporate Parent M&T Bank Corporation for Wilmington Trust N.A.. Document filed by Wilmington Trust N.A..(Prame, Michael) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael Joseph Prame to RE-FILE Document #9 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 10 ANSWER to #3 Complaint. Document filed by Wilmington Trust N.A..(Prame, Michael) |
| Filing 9 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent M&T Bank Corporation for Wilmington Trust N.A.. Document filed by Wilmington Trust N.A..(Prame, Michael) Modified on 10/24/2017 (lb). |
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Filing 8
ORDER granting #5 Motion for Stephen Aaron Silverman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
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| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Wilmington Trust N.A. waiver sent on 8/22/2017, answer due 10/23/2017. Document filed by R. Alexander Acosta. (Furst, Robert) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kira Layne-Schwabe Hettinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit Good Standing Certificates, #3 Text of Proposed Order Granting Motion)(Hettinger, Kira) Modified on 8/28/2017 (ma). Modified on 8/28/2017 (ma). |
| Filing 5 MOTION for Stephen Aaron Silverman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by R. Alexander Acosta. (Attachments: #1 Affidavit Affidavit ISO Motion, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Granting Motion)(Silverman, Stephen) Modified on 8/28/2017 (ma). Modified on 8/28/2017 (ma). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Stephen Aaron Silverman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Kira Layne-Schwabe Hettinger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): CERTIFICATE OF GOOD STANDING MUST BE ISSUED BY THE SUPREME COURT OF VIRGINIA.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. The HCMC Legal Inc. Employee Stock Ownership Plan waiver sent on 8/22/2017, answer due 10/23/2017. Document filed by R. Alexander Acosta. (Furst, Robert) |
| Filing 3 COMPLAINT against The HCMC Legal Inc. Employee Stock Ownership Plan, Wilmington Trust N.A.. Document filed by R. Alexander Acosta.(Furst, Robert) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Leonard Furst to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (rch) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Leonard Furst. The party information for the following party/parties has been modified: Secretary of Labor, U.S. Dept. of Labor, Wilmington Trust N.A.. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly; party name entered incorrectly. (rch) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Leonard Furst. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1132;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 29:1001;. (rch) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (rch) |
| Case Designated ECF. (rch) |
| Magistrate Judge Kevin Nathaniel Fox 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. (rch) |
| Filing 2 CIVIL COVER SHEET filed. (Furst, Robert) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. Document filed by Secretary of Labor, U.S. Dept. of Labor.(Furst, Robert) Modified on 8/22/2017 (rch). |
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