Reed v. Nike, Inc. et al
Plaintiff: Karen Reed
Defendant: Eugene Purtell, Nike, Inc., WageWorks, Inc., Brian Forde and Esther Benatar
Case Number: 1:2017cv07575
Filed: October 4, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Lorna G Schofield
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. § 1331 ed Fed. Question: Employment Discrimination
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2019 Filing 136 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) Nike, Inc., Brian Forde, Esther Benatar, Eugene Purtell and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Nike, Inc., Brian Forde, Esther Benatar, Eugene Purtell. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Smith, Cameron)
September 26, 2019 Opinion or Order Filing 135 ORDER: WHEREAS, the jury trial in this action is scheduled for November 18, 2019, at 10:00 a.m. It is hereby ORDERED that the jury trial in this action is rescheduled for November 14, 2019, at 11:00 a.m. Jury selection shall occur on November 14, 2019, at 11:00 a.m, with the remainder of the trial to commence on November 18, 2019, at 10:00 a.m. (Jury Selection set for 11/14/2019 at 11:00AM before Judge Lorna G. Schofield., Jury Trial set for 11/14/2019 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/26/2019) (cf)
August 30, 2019 Opinion or Order Filing 134 ORDER denying #126 Letter Motion for Leave to File Document. It is hereby ORDERED that the motion to strike the jury demand and bifurcate Plaintiff's ERISA claim is DENIED. The Clerk of Court is respectfully requested to close Dkt. No. 126. (Signed by Judge Lorna G. Schofield on 8/30/2019) (ne)
August 28, 2019 Opinion or Order Filing 133 AMENDED ORDER: It is hereby ORDERED that the jury trial scheduled for November 4, 2019, is adjourned to November 18, 2019, at 10:00 a.m., or the Court's first available date thereafter. The parties shall be ready to proceed on 24 hours' notice on or after November 18, 2019. The deadline to file the final pretrial order is extended to October 22, 2019. ORDERED that the final pretrial conference scheduled for September 16, 2019, is adjourned to November 5, 2019, at 10:40 a.m. It is further ORDERED that the Clerk of Court is respectfully directed to strike the Order at Dkt. 130. (As further set forth in this Order.) (Pretrial Order due by 10/22/2019., Ready for Trial by 11/18/2019., Final Pretrial Conference set for 11/5/2019 at 10:40 AM before Judge Lorna G. Schofield., Jury Trial set for 11/18/2019 at 10:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/28/2019) (cf)
August 27, 2019 Filing 132 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated August 27, 2019 re: Pre-Trial Schedule. Document filed by Karen Reed.(Rosenthal, Thomas)
August 21, 2019 Opinion or Order Filing 131 ORDER: It is hereby ORDERED that the jury trial scheduled for November 4, 2019, is adjourned to November 18, 2019, at 10:00 a.m., or the Courts first available date thereafter. The parties shall be ready to proceed on 24 hours' notice on or after November 18, 2019. It is further ORDERED that the deadline for motions in limine is extended to October 4, 2019; the deadline for responses is extended to October 14, 2019. The deadline to file the final pretrial order is extended to October 21, 2019. ORDERED that the final pretrial conference scheduled for September 16, 2019, is adjourned to November 5, 2019, at 10:40 a.m. It is further ORDERED that the Clerk of Court is respectfully directed to strike the Order at Dkt. 130. (As further set forth in this Order.) (Motions due by 10/4/2019., Pretrial Order due by 10/21/2019., Responses due by 10/14/2019, Ready for Trial by 11/18/2019., Final Pretrial Conference set for 11/5/2019 at 10:40 AM before Judge Lorna G. Schofield., Jury Trial set for 11/18/2019 at 10:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/21/2019) (cf)
August 20, 2019 ***STRICKEN DOCUMENT. Deleted document number 130 from the case record. The document was stricken from this case pursuant to #131 Order. Per instructions from chambers, both the PDF and the entry have been removed. (cf)
August 20, 2019 Filing 129 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated August 20, 2019 re: Defendants' August 12, 2019 request for pre-motion conference to strike jury demand and bifurcate Plaintiff's ERISA claim. Document filed by Karen Reed.(Rosenthal, Thomas)
August 15, 2019 Filing 128 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated August 15, 2019 re: Pre-Trial and Trial Schedule. Document filed by Karen Reed.(Rosenthal, Thomas)
August 13, 2019 Opinion or Order Filing 127 ORDER with respect to #126 Letter Motion for Leave to File Document. It is ORDERED that Plaintiff shall file a letter response, pursuant to Individual Rule III.A.1, by August 20, 2019. (Signed by Judge Lorna G. Schofield on 8/13/2019) (ne)
August 13, 2019 Set/Reset Deadlines: Responses due by 8/20/2019 (ne)
August 12, 2019 Filing 126 LETTER MOTION for Leave to File requesting a pre-motion conference in anticipation of Defendants' Motion to Strike the Jury Demand and Bifurcate Plaintiff's ERISA Claim addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated August 12, 2019. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
August 2, 2019 Opinion or Order Filing 125 ORDER granting #122 Motion. It is hereby ORDERED that Defendants' motion is GRANTED. It is further ORDERED that the jury trial scheduled for September 24, 2019, is adjourned to November 4, 2019, at 10:00 a.m., or the Court's first available date thereafter. The parties shall be ready to proceed on 24 hours notice on or after November 4, 2019. It is further ORDERED that the deadline for motions in limine is extended to September 20, 2019; the deadline for responses is extended to October 1, 2019. The deadline for joint requests to charge, voir dire, verdict forms and any memorandum of law is extended to October 1, 2019. The deadline to file the final pretrial order is extended to October 8, 2019. It is further ORDERED that the final pretrial conference scheduled for September 16, 2019, is adjourned to October 22, 2019, at 10:40 a.m. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/2/2019) (cf)
August 2, 2019 Set/Reset Deadlines: ( Motions due by 9/20/2019., Pretrial Order due by 10/8/2019., Responses due by 10/1/2019, Ready for Trial by 11/4/2019.), Set/Reset Hearings:( Final Pretrial Conference set for 10/22/2019 at 10:40 AM before Judge Lorna G. Schofield., Jury Trial set for 11/4/2019 at 10:00 AM before Judge Lorna G. Schofield.) (cf)
August 1, 2019 Filing 124 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated August 1, 2019 re: Defendants' August 1, 2019 Motion for Leave. Document filed by Karen Reed.(Rosenthal, Thomas)
August 1, 2019 Filing 123 MEMORANDUM OF LAW in Support re: #122 MOTION Leave to Disclose Expert Ken Reagles . . Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
August 1, 2019 Filing 122 MOTION Leave to Disclose Expert Ken Reagles . Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Exhibit A - 07/17/19 Email, #2 Exhibit B - 07/26/19 Kiteworks Email, #3 Exhibit C - Supplemental Mitigation Documentation Production, #4 Exhibit D - Dr. Reagles CV)(Smith, Cameron)
July 1, 2019 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held on 7/1/2019. (aba)
June 24, 2019 Opinion or Order Filing 121 ORDER granting #117 Letter Motion to Adjourn Conference; granting #118 Letter Motion to Adjourn Conference; granting #120 Letter Motion to Adjourn Conference. Application GRANTED. (i) The time to submit the final pretrial order is extended from August 27, 2019, to September 6, 2019, and (ii) the final pretrial conference is adjourned from September 11, 2019 to Monday September 16, 2019, at 4:00 pm. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 117, 118 and 120. Final Pretrial Conference set for 9/16/2019 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/24/2019) (mro)
June 21, 2019 Filing 120 LETTER MOTION to Adjourn Conference until September 16, 2019, extend time to file final pretrial order, and to apprise the Court pursuant to the Court's June 19, 2019 Order addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 21, 2019. Document filed by Karen Reed.(Rosenthal, Thomas)
June 21, 2019 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/21/2019. (aba)
June 19, 2019 Opinion or Order Filing 119 ORDER with respect to #118 Motion to Adjourn Conference. The parties are advised that, at the final pretrial conference, the Court will set a time limit for each side (applicable to opening, direct and cross), exclude unnecessary witnesses, rule on motions in limine, rule on any objections to exhibits (to the extent possible), and discuss the Court's draft of the jury charge and voir dire, which will be circulated ahead of the conference. It should be plain that these rulings can significantly affect trial preparation and the scheduling of witnesses. Pursuant to the Court's trial procedures, any party that fails to call another witness before the end of the day is deemed to have rested. It is ORDERED that by June 21, 2019, the parties shall file a joint letter apprising the Court whether they wish to proceed with the schedule proposed in this letter. (Signed by Judge Lorna G. Schofield on 6/19/2019) (jca)
June 18, 2019 Filing 118 AMENDED LETTER MOTION to Adjourn Conference until September 16, 2019 and to extend time to file final pretrial order to September 6, 2019 addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 18, 2019. Document filed by Karen Reed.(Rosenthal, Thomas)
June 18, 2019 Filing 117 LETTER MOTION to Adjourn Conference until September 16, 2019 and to extend time to file final pretrial order to September 6, 2019 addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 18, 2019. Document filed by Karen Reed.(Rosenthal, Thomas)
June 12, 2019 Opinion or Order Filing 116 ORDER granting in part #115 Letter Motion to Adjourn Conference. Application GRANTED in part. The jury trial will begin on September 24, 2019, at 9:30 a.m. Any motions in limine shall be filed by August 12, 2019; responses shall be filed by August 20, 2019. Joint requests to charge, voir dire, verdict form and any memorandum of law as provided for in the Court's Individual Rules shall be filed by August 20, 2019. The final pretrial order shall be filed by August 27, 2019. The final pretrial conference will be held on September 11, 2019, at 10:15 a.m. (Final Pretrial Conference set for 9/11/2019 at 10:15 AM before Judge Lorna G. Schofield. Jury Trial set for 9/24/2019 at 09:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/12/2019) (anc)
June 12, 2019 Set/Reset Deadlines: Motions due by 8/12/2019. Pretrial Order due by 8/27/2019. Responses due by 8/20/2019. (anc)
June 7, 2019 Filing 115 LETTER MOTION to Adjourn Conference requesting that the Court (i) set a new trial date, and (ii) set new deadlines for filing the joint pretrial order and in limine motions that correspond to a new trial date addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated June 7, 2019. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
June 6, 2019 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 6/6/2019, ( Settlement Conference set for 7/1/2019 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman., Telephone Conference set for 6/21/2019 at 11:30 AM before Magistrate Judge Debra C. Freeman). (aba)
June 5, 2019 Filing 114 NOTICE OF APPEARANCE by Lynn A. Kappelman on behalf of Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Kappelman, Lynn)
June 4, 2019 Filing 113 NOTICE OF APPEARANCE by Edward Hernstadt on behalf of Karen Reed. (Hernstadt, Edward)
June 3, 2019 Opinion or Order Filing 112 ORDER: ORDERED that this action will be placed in first place on the Court's July 31, 2019, trial-ready calendar. The jury trial will begin on July 31, 2019, at 9:30 a.m., or the Court's first available date thereafter. It is further ORDERED that the parties shall be ready to proceed on 24 hours' notice on or after July 31, 2019. It is further, ORDERED that in accordance with and as further provided in Individual Rule IV.B: (1) Any motions in limine shall be filed by June 17, 2019. Responses to the motions shall be filed by June 26, 2019. No reply shall be filed. The final pretrial order shall be filed by July 3, 2019. Contact Courtroom Deputy James Street at (212) 805-4553 closer to the trial date to confirm the date and time. (As further set forth in this Order.) (Motions due by 6/17/2019., Pretrial Order due by 7/3/2019., Responses due by 6/26/2019, Ready for Trial by 7/31/2019., Jury Trial set for 7/31/2019 at 09:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 6/3/2019) (cf)
June 3, 2019 Opinion or Order Filing 111 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Lorna G. Schofield on 6/3/2019) (cf)
May 31, 2019 Opinion or Order Filing 110 OPINION AND ORDER re: #80 MOTION for Summary Judgment . filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED as to the FMLA interference claim, and is DENIED as to all other claims. The Clerk of Court is respectfully directed to close the motion at Docket No. 80. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/31/2019) (cf)
March 22, 2019 Mediator Session Held on 3/20/19 at Defendant's Counsel's Office.(ah)
March 1, 2019 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 3/20/19, 10 A.M. at Defendant's Counsel's Office.(ah)
February 27, 2019 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediation to take place before April 1, 2019.(mf)
February 26, 2019 Transmission to Mediation Clerk. Transmitted re: #108 Memo Endorsement to the Mediation Clerk for case processing. (ks)
February 26, 2019 Opinion or Order Filing 108 MEMO ENDORSEMENT on re: #107 Letter, filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc. ENDORSEMENT: It is ORDERED that the parties shall confer with the Mediation Program and shall select a date for mediation prior to April 1, 2019. To the extent possible, the Mediation Program is directed to appoint a mediator with employment law expertise. (Signed by Judge Lorna G. Schofield on 2/26/2019) (ks)
February 25, 2019 Filing 107 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated February 25, 2019 re: submitted on behalf of all parties regarding the Court's referral of this case to the Southern District of New York's Mediation Program (ECF No. 106). Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
February 22, 2019 Opinion or Order Filing 106 ORDER: It is hereby ORDERED that this case is referred for mediation to the Mediation Program to take place between March 13, 2019, and March 15, 2019. If any party objects to this referral, it shall file a letter explaining its objection no later than February 25, 2019. The parties are hereby notified that Local Rule 83.9 shall govern the mediation, and they are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. (As further set forth in this Order.) Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 3/4/2019. Mediator Expertise Request due by 2/27/2019. (Signed by Judge Lorna G. Schofield on 2/22/2019) (cf)
January 11, 2019 Filing 105 COUNTER STATEMENT TO Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
January 11, 2019 Filing 104 REPLY MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
December 13, 2018 Filing 103 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 40 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 102 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 39 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 101 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 37 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 100 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 36 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 99 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex 35 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 98 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 34 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 13, 2018 Filing 97 REDACTION to #96 Declaration in Opposition to Motion,,,, Ex. 31 to replace pending sheet, by Karen Reed(Rosenthal, Thomas)
December 11, 2018 Filing 96 DECLARATION of Thomas S. Rosenthal in Opposition re: #80 MOTION for Summary Judgment .. Document filed by Karen Reed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54)(Rosenthal, Thomas)
December 11, 2018 Filing 95 RESPONSE in Opposition to Motion re: #80 MOTION for Summary Judgment . Redacted Rule 56.1 Statement in Opposition. Document filed by Karen Reed. (Rosenthal, Thomas)
December 11, 2018 Filing 94 DECLARATION of Karen Reed in Opposition re: #80 MOTION for Summary Judgment .. Document filed by Karen Reed. (Rosenthal, Thomas)
December 11, 2018 Filing 93 MEMORANDUM OF LAW in Opposition re: #80 MOTION for Summary Judgment . . Document filed by Karen Reed. (Rosenthal, Thomas)
November 26, 2018 Opinion or Order Filing 92 ORDER granting #91 Letter Motion for Extension of Time to File Response/Reply re #91 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated November 23, 2018. Application GRANTED. Responses due by 12/10/2018 Replies due by 1/11/2019. (Signed by Judge Lorna G. Schofield on 11/26/2018) (rj)
November 23, 2018 Filing 91 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated November 23, 2018. Document filed by Karen Reed.(Rosenthal, Thomas)
November 1, 2018 Filing 90 SEALED DOCUMENT placed in vault.(rz)
October 23, 2018 Filing 89 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated October 23, 2018 re: response to Plaintiff's October 19, 2018 letter (ECF No. 79). Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
October 23, 2018 Opinion or Order Filing 88 ORDER: It is hereby ORDERED that Defendants' request for permission to file the documents in redacted form is GRANTED. The Declaration of Esther Benatar and the documents stamped D004664 and D004640-D004641 shall be filed in redacted form on ECF and in unredacted form under seal. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/23/2018) (cf) Transmission to Sealed Records Clerk for processing.
October 20, 2018 Filing 87 DECLARATION of Cameron Smith, Esq. in Support re: #80 MOTION for Summary Judgment .. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Smith Decl. Ex. 1 - Plaintiff's Deposition Transcript, #2 Smith Decl. Ex. 2 - Benatar's Deposition, #3 Smith Decl. Ex. 3 - Forde's Deposition, #4 Smith Decl. Ex. 4 - Gillespie's Deposition, #5 Smith Decl. Ex. 5 - Purtell's Deposition, #6 Smith Decl. Ex. 6 - Coaching for Excellence Review for mid-year 2016, #7 Smith Decl. Ex. 7 - Termination of Employment Letter, #8 Smith Decl. Ex. 8 - Global Corporate Card Policy, #9 Smith Decl. Ex. 9 - Strategic Account Executive Job Description, #10 Smith Decl. Ex. 10 - 08/29/16 Email, #11 Smith Decl. Ex. 11 - Excerpts from Plaintiff's Response to Requests for Admission, #12 Smith Decl. Ex. 12 - 08/29/16 Email, #13 Smith Decl. Ex. 13 - Plaintiff's Performance Action Plan, #14 Smith Decl. Ex. 14 - 03/29/16 Letter, #15 Smith Decl. Ex. 15 - 07/25/16 Email, #16 Smith Decl. Ex. 16 - 08/31/16 Email, #17 Smith Decl. Ex. 17 - 03/25/16 Email, #18 Smith Decl. Ex. 18 - 10/05/16 Email, #19 Smith Decl. Ex. 19 - Corrective Action Process Policy, #20 Smith Decl. Ex. 20 - 09/06/16 Calendar Invitation, #21 Smith Decl. Ex. 21 - 09/10/16 Email, #22 Smith Decl. Ex. 22 - 09/12/16 Email, #23 Smith Decl. Ex. 23 - 10/08/16 Email, #24 Smith Decl. Ex. 24 - 10/03/16 Email, #25 Smith Decl. Ex. 25 - 10/11/16 Email, #26 Smith Decl. Ex. 26 - 10/20/16 Email, #27 Smith Decl. Ex. 27 - Attachment from a 11/04/16 email, #28 Smith Decl. Ex. 28 - Corporate Card Statement of Account, #29 Smith Decl. Ex. 29 - 11/22/16 Email, #30 Smith Decl. Ex. 30 - Transcription of an audio recording, #31 Smith Decl. Ex. 31 - 11/28/16 Email, #32 Smith Decl. Ex. 32 - Transcription of an audio recording, #33 Smith Decl. Ex. 33 - 12/01/16 Email, #34 Smith Decl. Ex. 34 - 01/10/17 Email, #35 Smith Decl. Ex. 35 - Coaching for Excellence Review for year-end 2016, #36 Smith Decl. Ex. 36 - Coaching for Excellence Review for year-end 2015)(Smith, Cameron)
October 19, 2018 Filing 86 RULE 56.1 STATEMENT. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
October 19, 2018 Filing 85 MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
October 19, 2018 Filing 84 DECLARATION of Brian Forde in Support re: #80 MOTION for Summary Judgment .. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
October 19, 2018 Filing 83 DECLARATION of Esther Benatar in Support re: #80 MOTION for Summary Judgment .. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Benatar Decl. Ex. 1 - 09/30/16 Email, #2 Benatar Decl. Ex. 2 - 10/18/16 Email, #3 Benatar Decl. Ex. 3 - 10/19/16 Email)(Smith, Cameron)
October 19, 2018 Filing 82 DECLARATION of Eugene Purtell in Support re: #80 MOTION for Summary Judgment .. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
October 19, 2018 Filing 81 DECLARATION of Cory Gillespie in Support re: #80 MOTION for Summary Judgment .. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Gillespie Decl. Ex. 1 - Nike's Matter of Respect Policy, #2 Gillespie Decl. Ex. 2 - Handbook Excerpts, #3 Gillespie Decl. Ex. 3 - FMLA Policy, #4 Gillespie Decl. Ex. 4 - 08/23/16 Email, #5 Gillespie Decl. Ex. 5 - Miller's Investigation Notes, #6 Gillespie Decl. Ex. 6 - 10/14/16 Email, #7 Gillespie Decl. Ex. 7 - 10/26/16 letter, #8 Gillespie Decl. Ex. 8 - 11/28/16 Email, #9 Gillespie Decl. Ex. 9 - COBRA Election Notice, #10 Gillespie Decl. Ex. 10 - WageWorks Notes)(Smith, Cameron)
October 19, 2018 Filing 80 MOTION for Summary Judgment . Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
October 19, 2018 Filing 79 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated October 19, 2018 re: Discovery issues. Document filed by Karen Reed.(Hernstadt, Edward)
September 28, 2018 Opinion or Order Filing 78 STIPULATION OF DISMISSAL WITH PREJUDICE OF PLAINTIFF'S CLAIMS UNDER THE AMERICANS WITH DISABILITIES ACT: IT IS HEREBY STIPULATED AND AGREED, Plaintiff's claims under the Americans with Disabilities Act ("ADA") - Counts I and III in Plaintiff's Complaint (ECF No. 1) - are hereby dismissed with prejudice, with all rights of appeal waived, and without costs to any Party. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/28/2018) (cf)
September 27, 2018 Filing 77 PROPOSED STIPULATION AND ORDER. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
September 27, 2018 Filing 76 JOINT LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated September 27, 2018 re: Stipulation. Document filed by Karen Reed.(Rosenthal, Thomas)
September 13, 2018 Opinion or Order Filing 75 SCHEDULING ORDER terminating #69 Letter Motion for Conference. It is hereby ORDERED that Defendants shall file their motion to dismiss by October 19, 2018, Plaintiff shall file her response by November 30, 2018, and Defendants shall file their reply by December 21, 2018. It is further ORDERED that the parties shall confer regarding narrowing the claims that will proceed to trial, and will file a letter by September 27, 2018, detailing the status of those discussions. It is further ORDERED that Plaintiff shall submit interrogatories to Esther Benatar asking for a detailed explanation of how she determined the extent of the alleged loss resulting from Plaintiff's purchase orders and identifying any documents she relied upon in making that determination, and Defendants shall promptly submit answers to such interrogatories. The Clerk of Court is respectfully directed to close the motion at Docket No. 69. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/13/2018) (rj) Modified on 9/14/2018 (rj).
September 13, 2018 Set/Reset Deadlines: Motions due by 10/19/2018. Responses due by 11/30/2018 Replies due by 12/21/2018. (rj)
September 13, 2018 Minute Entry for proceedings held before Judge Lorna G. Schofield: Case Management Conference held on 9/13/2018. (Lewis, Barton)
September 13, 2018 Opinion or Order Filing 74 ORDER granting in part and denying in part #73 Letter Motion for Leave to File Excess Pages. Application GRANTED in part and DENIED in part. Each party shall be limited to a total of 225 pages of exhibits, to be allocated among an unlimited number of exhibits. Any lengthy documents or deposition testimony must be excerpted in relevant part, and the entire document or transcript submitted separately on a bookmarked CD. Compilations shall be submitted by summary chart in an exhibit, with the backup documents separately submitted on the same CD. The page limit for affidavits/declarations is increased to 15 double-spaced pages. The page limit for memoranda of law in support of and in opposition to Defendants' motion for summary judgment is increased from 25 pages to 30 pages. The parties are directed to include their most persuasive arguments and evidence and not the entirety of the pre-trial discovery, which is too voluminous for the the Court to review. (Signed by Judge Lorna G. Schofield on 9/13/2018) (cf)
September 12, 2018 Filing 73 JOINT LETTER MOTION for Leave to File Excess Pages requesting a modification of Judge Lorna G. Schofield's Individual Rules regarding the limits on exhibits and pages that may be filed in connection with Defendants' forthcoming motion for summary judgment and Plaintiff's opposition addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated September 12, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
September 6, 2018 Filing 72 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated September 6, 2018 re: Response to Defendants' August 29, 2018 pre-motion letter. Document filed by Karen Reed.(Rosenthal, Thomas)
September 5, 2018 Filing 71 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated September 5, 2018 re: response to Plaintiff's August 29, 2018 letter (ECF No. 68). Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
August 30, 2018 Filing 70 MEMO ENDORSEMENT on re: #69 LETTER MOTION for Conference requesting a pre-motion conference in anticipation of Defendants' Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated August 29, 2018. filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc. ENDORSEMENT: Defendants shall file a responsive letter not to exceed three pages by September 5, 2018. These issues will be discussed at the pre-motion conference scheduled for September 13, 2018. (Responses due by 9/5/2018) (Signed by Judge Lorna G. Schofield on 8/30/2018) (cf)
August 29, 2018 Filing 69 LETTER MOTION for Conference requesting a pre-motion conference in anticipation of Defendants' Motion for Summary Judgment addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated August 29, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
August 29, 2018 Filing 68 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated August 29, 2018 re: August 3, 2018 Court Order (ECF No. 67). Document filed by Karen Reed. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Thomas)
August 3, 2018 Opinion or Order Filing 67 ORDER terminating #61 Letter Motion for Local Rule 37.2 Conference. It is hereby ORDERED that the parties shall produce all documents specifically requested, and whose production was agreed to, prior to the conference. It is further ORDERED that the parties shall negotiate in good faith over a reasonable scope for Plaintiff's production of Facebook posts and medical records relevant to the case. It is further ORDERED that the parties are under no obligation to produce documents other than those described above. The Clerk of Court is respectfully directed to close the motion at Docket No. 61.(Signed by Judge Lorna G. Schofield on 8/3/2018) (kgo)
August 2, 2018 Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 8/2/2018. (jcs)
July 27, 2018 Filing 66 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated July 27, 2018 re: opposition to Plaintiff's request for an extension of time to complete fact discovery (ECF No. 60). Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
July 27, 2018 Filing 65 AMENDED LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated July 27, 2018 re: Defendants' July 20, 2018 Letter for Pre-motion Conference. Document filed by Karen Reed.(Rosenthal, Thomas)
July 27, 2018 Filing 64 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated July 27, 2018 re: Defendants' July 20, 2018 Letter for Pre-motion Conference. Document filed by Karen Reed.(Rosenthal, Thomas)
July 25, 2018 Filing 63 NOTICE OF APPEARANCE by Maria Papasevastos on behalf of Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Papasevastos, Maria)
July 23, 2018 Filing 62 MEMO ENDORSEMENT with respect to #61 Letter Motion for Local Rule 37.2 Conference. ENDORSEMENT: Plaintiff shall file a responsive letter, and Defendants shall file a letter responsive to Plaintiff's letter at Docket No. 60, no later than July 27, 2018. A conference will be held on August 2, 2018, at 11 a.m. to discuss these issues. (Signed by Judge Lorna G. Schofield on 7/23/2018) (kgo)
July 23, 2018 Set/Reset Deadlines: ( Responses due by 7/27/2018), Set/Reset Hearings:( Status Conference set for 8/2/2018 at 11:00 AM before Judge Lorna G. Schofield.) (kgo)
July 20, 2018 Filing 61 LETTER MOTION for Local Rule 37.2 Conference requesting a pre-motion conference to compel Plaintiff to produce discovery addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated July 20, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
July 20, 2018 Filing 60 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated July 20, 2018 re: Discovery. Document filed by Karen Reed.(Rosenthal, Thomas)
July 16, 2018 Filing 59 MEMO ENDORSEMENT on re: #55 Letter, filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc.. ENDORSEMENT: Application DENIED without prejudice to renewal at the conclusion of the action pursuant to Local Civil Rule 30.1. (Signed by Judge Lorna G. Schofield on 7/16/2018) (kgo)
July 16, 2018 Opinion or Order Filing 58 ORDER granting #57 Letter Motion to Adjourn Conference. Application GRANTED. The case management conference previously scheduled for September 5, 2018, is adjourned to September 13, 2018, at 11:00 a.m. Pursuant to the Court's new procedure, if any party files a timely pre-motion letter pursuant to the Court's individual rules, the conference will serve as a pre-motion conference. If no such letter is filed, the conference will be canceled, and the case will be placed on the Court's trial-ready calendar, and the parties notified of the trial-ready date. Case Management Conference set for 9/13/2018 at 11:00 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/16/2018) (kgo)
July 13, 2018 Filing 57 CONSENT LETTER MOTION to Adjourn Conference (Case Management) currently scheduled for September 5, 2018 at 10:50 a.m. to a date the week of September 10-14, 2018. addressed to Judge Lorna G. Schofield from Cameron Smith dated July 13, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
July 13, 2018 Filing 56 LETTER addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated July 13, 2018 re: Defendants' July 12, 2018 application for costs. Document filed by Karen Reed. (Attachments: #1 Exhibit, #2 Exhibit)(Rosenthal, Thomas)
July 12, 2018 Filing 55 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith dated July 12, 2018 re: Requesting that your Honor grant defendants'application for costs pursuant to Local Civil Rule 30.1. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Exhibit 1 Notice of Deposition, #2 Exhibit 2 Notice of Deposition)(Smith, Cameron)
June 14, 2018 Opinion or Order Filing 54 ORDER denying #51 Letter Motion for Extension of Time to Complete Discovery: Application DENIED. Upon review of this letter and the letters at Docket Nos. #52 and #53 , there appear to be no extenuating circumstances warranting an extension of fact discovery. The Court asks the parties to extend every possible courtesy to accommodate the other side consistent with this order. (Signed by Judge Lorna G. Schofield on 06/14/2018) (jcs)
June 14, 2018 Filing 53 LETTER RESPONSE in Support of Motion addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 14, 2018 re: #51 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 13, 2018. . Document filed by Karen Reed. (Attachments: #1 Exhibit A)(Rosenthal, Thomas)
June 13, 2018 Filing 52 LETTER addressed to Judge Lorna G. Schofield from Cameron Smith dated June 13, 2018 re: Plaintiff's request for a sixty-day extension of time to complete fact discovery. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Exhibit A - Email Correspondence dated May 24, 2018, #2 Exhibit B - Notice of Deposition of Plaintiff Karen Reed)(Smith, Cameron)
June 13, 2018 Filing 51 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Thomas S. Rosenthal dated June 13, 2018. Document filed by Karen Reed.(Rosenthal, Thomas)
May 15, 2018 Opinion or Order Filing 50 ORDER granting #49 Letter Motion to Adjourn Conference. Application GRANTED. The case management conference, currently scheduled for August 15, 2018, at 10:40 A.M. is adjourned to September 5, 2018, at 10:50 A.M. Pursuant to the Court's new procedure, if any party files a timely pre-motion letter pursuant to the Court's individual rules, the conference will serve as a pre-motion conference. If no such letter is filed, the conference will be canceled, and the case will be placed on the Court's trial-ready calendar, and the parties' notified of the trial-ready date. Case Management Conference set for 9/5/2018 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/15/2018) (ne)
May 14, 2018 Filing 49 CONSENT LETTER MOTION to Adjourn Conference before Your Honor on August 15, 2018, addressed to Judge Lorna G. Schofield from Cameron Smith dated May 14, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
March 19, 2018 Opinion or Order Filing 47 ORDER granting in part and denying in part #46 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED in part. The fact discovery deadline is extended to July 20, 2018, and the deadline to confer to discuss settlement is extended to August 3, 2018. The case management conference is adjourned from May 30 to August 15, 2018, at 10:40 a.m. (Signed by Judge Lorna G. Schofield on 3/19/2018) (kgo)
March 19, 2018 Set/Reset Hearings:( Case Management Conference set for 8/15/2018 at 10:40 AM before Judge Lorna G. Schofield.), Set/Reset Deadlines: ( Fact Discovery due by 7/20/2018.) (kgo)
March 16, 2018 Filing 46 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Cameron Smith dated March 16, 2018. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
March 1, 2018 Filing 45 MEMO ENDORSEMENT on re: #44 Letter filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc.. ENDORSEMENT: The parties shall file a joint letter renewing this application once they have agreed on a private mediator and a date to hold the mediation. The Court will grant this application once a mediator and date are selected. (Signed by Judge Lorna G. Schofield on 3/1/2018) (kgo)
February 28, 2018 Filing 44 JOINT LETTER addressed to Judge Lorna G. Schofield from Cameron Smith dated February 28, 2018 re: Removal from SDNY's Mandatory Mediation Program. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
February 21, 2018 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 2/16/2018 at Mediator's Office was NOT held.(mf)
January 25, 2018 Opinion or Order Filing 43 STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIAL, PROPRIETARY, AND PRIVILEGED INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lorna G. Schofield on 1/25/2018) (kgo)
January 22, 2018 Opinion or Order Filing 42 MEMO ENDORSEMENT on re: #41 Status Report, filed by Eugene Purtell, Brian Forde, Esther Benatar, Nike, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/22/2018) (cf)
January 22, 2018 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 2/16/2018, 10:00 AM at the Offices of the Mediator.(cda)
January 19, 2018 Filing 41 STATUS REPORT. Joint Proposed ESI Protocol, submitted pursuant to the Court's Order at the Initial Pre-Trial Conference on December 20, 2017 (ECF No. 40) Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Certificate of Service)(Smith, Cameron)
December 22, 2017 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/22/2018.(cda)
December 20, 2017 Opinion or Order Filing 40 CIVIL 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. 28 U.S.C. 636(c). Joinder of Parties due by 1/31/2018. Amended Pleadings due by 1/31/2018. Fact Discovery due by 5/15/2018. Deposition due by 5/8/2018. This case is to be tried to a jury. Best estimate of the length of trial is 3-4 days. Case Management Conference set for 5/30/2018 at 10:30 AM before Judge Lorna G. Schofield. The parties shall file a joint proposed ESI protocol by January 19, 2018. (Signed by Judge Lorna G. Schofield on 12/20/2017) (ap)
December 20, 2017 Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 12/20/2017. (jcs)
December 15, 2017 Opinion or Order Filing 39 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 12/26/2017. (Signed by Judge Loretta A. Preska on 10/1/15) (mf)
December 14, 2017 Filing 38 ANSWER to #12 Complaint. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
December 13, 2017 Filing 37 JOINT LETTER addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated December 13, 2017 re: submitted in advance of the parties' initial pretrial conference scheduled for December 20, 2017 at 10:50 a.m.. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Smith, Cameron)
December 7, 2017 Opinion or Order Filing 36 ORDER: granting #34 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. No further extensions. Esther Benatar answer due 12/14/2017; Brian Forde answer due 12/14/2017; Nike, Inc. answer due 12/14/2017; Eugene Purtell answer due 12/14/2017. (Signed by Judge Lorna G. Schofield on 12/7/2017) (ap)
December 5, 2017 Opinion or Order Filing 35 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT WAGEWORKS, INC.: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Karen Reed, by and through her counsel, files this Notice of Dismissal and hereby dismisses her claims against Defendant WageWorks, Inc. SO ORDERED. WageWorks, Inc. terminated. (Signed by Judge Lorna G. Schofield on 12/5/2017) (kgo) Modified on 12/5/2017 (kgo).
December 5, 2017 Filing 34 CONSENT LETTER MOTION for Extension of Time to File Answer requesting an extension of time to respond to Plaintiff's Complaint to December 14, 2017 addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated December 5, 2017. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
December 4, 2017 Filing 33 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) WageWorks, Inc.. Document filed by Karen Reed. (Rosenthal, Thomas)
December 1, 2017 Filing 32 NOTICE OF CHANGE OF ADDRESS by Thomas S. Rosenthal on behalf of Karen Reed. New Address: Law Offices -- Thomas S. Rosenthal, 45 Main Street, Suite 1030, Brooklyn, NY, United States 11201, 2125826651. (Rosenthal, Thomas)
November 27, 2017 Filing 31 NOTICE OF APPEARANCE by Joel David Christoph on behalf of Karen Reed. (Christoph, Joel)
November 9, 2017 Opinion or Order Filing 30 ORDER: granting #29 Letter Motion for Extension of Time. APPLICATION GRANTED. Answer due by 12/8/2017. (Signed by Judge Lorna G. Schofield on 11/9/2017) (ap)
November 9, 2017 Set/Reset Deadlines: WageWorks, Inc. answer due 12/8/2017. (ap)
November 7, 2017 Filing 29 LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Lorna G. Schofield from Shawn N. Butte dated November 7, 2017. Document filed by WageWorks, Inc..(Butte, Shawn)
November 7, 2017 Filing 28 NOTICE OF CHANGE OF ADDRESS by Shawn N. Butte on behalf of WageWorks, Inc.. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, 212-589-4200. (Butte, Shawn)
November 7, 2017 Filing 27 NOTICE OF APPEARANCE by Shawn N. Butte on behalf of WageWorks, Inc.. (Butte, Shawn)
November 2, 2017 Opinion or Order Filing 26 ORDER granting #24 Letter Motion for Extension of Time to File Answer: Application GRANTED. Defendants' deadline to respond to the complaint is extended to December 8, 2017, and the initial pretrial conference is adjourned to December 20, 2017, at 10:50 a.m. (Signed by Judge Lorna G. Schofield on 11/2/2017) (jwh)
November 2, 2017 Set/Reset Hearings: Initial Conference set for 12/20/2017 at 10:50 AM before Judge Lorna G. Schofield. Set/Reset Deadlines: Esther Benatar answer due 12/8/2017; Brian Forde answer due 12/8/2017; Nike, Inc. answer due 12/8/2017; Eugene Purtell answer due 12/8/2017. (jwh)
November 1, 2017 Filing 25 NOTICE OF APPEARANCE by Meredith-Anne M Berger on behalf of Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Berger, Meredith-Anne)
October 31, 2017 Filing 24 CONSENT LETTER MOTION for Extension of Time to File requesting an extension of time to respond to Plaintiff's Complaint to December 8, 2017 addressed to Judge Lorna G. Schofield from Cameron Smith, Esq. dated October 31, 2017. Document filed by Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell.(Smith, Cameron)
October 31, 2017 Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc..(Smith, Cameron)
October 31, 2017 Filing 22 NOTICE OF APPEARANCE by Cameron Alexander Smith on behalf of Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell. (Smith, Cameron)
October 27, 2017 Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint. WageWorks, Inc. served on 10/19/2017, answer due 11/9/2017. Service was accepted by Terry Moorley. Document filed by Karen Reed. (Rosenthal, Thomas)
October 27, 2017 Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. Nike, Inc. served on 10/19/2017, answer due 11/9/2017. Service was accepted by Myra Velasco. Document filed by Karen Reed. (Rosenthal, Thomas)
October 23, 2017 Filing 19 ELECTRONIC SUMMONS ISSUED as to Eugene Purtell. (kl)
October 23, 2017 Filing 18 ELECTRONIC SUMMONS ISSUED as to Brian Forde. (kl)
October 20, 2017 Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Eugene Purtell, re: #12 Complaint. Document filed by Karen Reed. (Rosenthal, Thomas)
October 20, 2017 Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Brian Forde, re: #12 Complaint. Document filed by Karen Reed. (Rosenthal, Thomas)
October 19, 2017 Filing 15 ELECTRONIC SUMMONS ISSUED as to Esther Benatar. (nm)
October 17, 2017 Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Esther Benatar, re: #12 Complaint. Document filed by Karen Reed. (Rosenthal, Thomas)
October 12, 2017 Opinion or Order Filing 13 ORDER: Initial Conference set for 12/6/2017 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/12/2017) (kgo)
October 11, 2017 Filing 12 COMPLAINT against Esther Benatar, Brian Forde, Nike, Inc., Eugene Purtell, WageWorks, Inc.. Document filed by Karen Reed.(Rosenthal, Thomas)
October 11, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas S. Rosenthal to RE-FILE Document No. #2 Complaint, #4 Complaint, #6 Complaint, #3 Complaint, #5 Complaint. The filing is deficient for the following reason(s): not all the party/parties whom the pleading is against were selected; select the individually named party/parties the pleading is against. 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. (vf)
October 10, 2017 Filing 11 ELECTRONIC SUMMONS ISSUED as to WageWorks, Inc.. (vf)
October 10, 2017 Filing 10 ELECTRONIC SUMMONS ISSUED as to Nike, Inc.. (vf)
October 10, 2017 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to WageWorks, Inc., re: #6 Complaint. Document filed by Karen Reed. (Rosenthal, Thomas)
October 10, 2017 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Nike, Inc., re: #4 Complaint. Document filed by Karen Reed. (Rosenthal, Thomas)
October 5, 2017 Filing 7 CIVIL COVER SHEET filed. (Rosenthal, Thomas)
October 5, 2017 Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against WageWorks, Inc.. Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/11/2017 (vf).
October 5, 2017 Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Eugene Purtell. Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/11/2017 (vf).
October 5, 2017 Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Nike, Inc.. Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/11/2017 (vf).
October 5, 2017 Filing 3 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Brian Forde. Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/11/2017 (vf).
October 5, 2017 Filing 2 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Esther Benatar. Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/11/2017 (vf).
October 5, 2017 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (kl)
October 5, 2017 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas S. Rosenthal 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. (kl)
October 5, 2017 Magistrate Judge Debra C. Freeman 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. (kl)
October 5, 2017 Case Designated ECF. (kl)
October 5, 2017 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Thomas S. Rosenthal. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (kl)
October 4, 2017 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-14204307)Document filed by Karen Reed.(Rosenthal, Thomas) Modified on 10/5/2017 (kl).

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Search for this case: Reed v. Nike, Inc. et al
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Defendant: Eugene Purtell
Represented By: Cameron Alexander Smith
Represented By: Meredith-Anne M Berger
Represented By: Maria Papasevastos
Represented By: Lynn A. Kappelman
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Defendant: Nike, Inc.
Represented By: Cameron Alexander Smith
Represented By: Meredith-Anne M Berger
Represented By: Maria Papasevastos
Represented By: Lynn A. Kappelman
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Defendant: WageWorks, Inc.
Represented By: Shawn N. Butte
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Defendant: Brian Forde
Represented By: Cameron Alexander Smith
Represented By: Meredith-Anne M Berger
Represented By: Maria Papasevastos
Represented By: Lynn A. Kappelman
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Defendant: Esther Benatar
Represented By: Cameron Alexander Smith
Represented By: Meredith-Anne M Berger
Represented By: Maria Papasevastos
Represented By: Lynn A. Kappelman
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Plaintiff: Karen Reed
Represented By: Thomas S. Rosenthal
Represented By: Joel David Christoph
Represented By: Edward Hernstadt
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