Bryan v. The Gap, Inc. et al
| Peter Bryan |
| The Gap, Inc. Voluntary Severance Plan and The Gap, Inc. |
| 1:2018cv00874 |
| January 31, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Civil Enforcement of Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2018. A more recent docket listing may be available from PACER.
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Filing 25
ORDER: Accordingly, this action will automatically be dismissed with prejudice on October 5, 2018. If, however, the parties, per their proposed order, desire the court to "retain jurisdiction of the matter for the purpose of enforcing the provisions of the Settlement Agreement and Release executed by the Parties," Dkt. 24, the parties will have to file such settlement agreement on the public docket. Only then will the Court be in a position to enforce its provisions. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/24/2018) (anc)
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Adams, Stacey) |
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Filing 23
ORDER OF DISCONTINUANCE: It is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action with thirty days of the date of this Order if the settlement is not consummated; and as further set forth herein. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/4/2018) (anc)
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Complete Discovery. Granted. Upon counsel's representations that all parties join in this request and that plaintiff's deposition is scheduled for September 12, 2018, the Court hereby extends the fact discovery deadline (including the deadline for depositions) to October 1, 2018. The case management conference currently scheduled for September 24, 2018, is hereby adjourned to Thursday, November 1, 2018, at 4 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/1/2018) (anc) Modified on 8/2/2018 (anc).
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| Set/Reset Hearings: Case Management Conference set for 11/1/2018 at 04:00 PM before Judge Paul A. Engelmayer. Set/Reset Deadlines: Deposition due by 10/1/2018. Fact Discovery due by 10/1/2018. (anc) |
| Filing 20 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from Dylan Dindial dated July 30, 2018. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan.(Dindial, Dylan) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 9/12/2018, 1:00 p.m. at Mediator's Office.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/1/2018.(cda) |
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Filing 19
ORDER: It is ORDERED that this case is to be referred to the Court-annexed Mediation Program upon the parties' joint request; and as further set forth herein. SO ORDERED. (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 5/10/2018. Mediator Expertise Request due by 5/7/2018.) (Signed by Judge Paul A. Engelmayer on 4/30/2018) (anc)
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days. Deposition due by 8/22/2018. Fact Discovery due by 8/22/2018. Case Management Conference set for 9/24/2018 at 03:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 4/30/2018) (mro)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 4/30/2018. Lee Bantle present for Plaintiff. Stacey Adams present for Defendants. (ajs) |
| Filing 17 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order)(Adams, Stacey) |
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Filing 16
ORDER: Because of an unforeseen scheduling conflict, the initial pretrial conference currently scheduled for Tuesday, April 24, 2018, at 4 p.m., is hereby rescheduled to Monday,, April 30, 2018, at 10 a.m. (Initial Conference set for 4/30/2018 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 4/11/2018) (ap)
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| Filing 15 NOTICE OF APPEARANCE by Lee Frederick Bantle on behalf of Peter Bryan. (Bantle, Lee) |
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/24/2018 at 04:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer; and as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/20/2018) (anc)
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| Filing 13 ANSWER to #6 Complaint. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan.(Adams, Stacey) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan.(Adams, Stacey) |
| Filing 11 NOTICE OF APPEARANCE by Stacey D. Adams on behalf of The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Adams, Stacey) |
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Filing 10
ORDER granting #7 Letter Motion for Extension of Time to Answer. Granted. The Court hereby extends defendants' deadline by which to answer or otherwise respond to the complaint to March 20, 2018. SO ORDERED. (The Gap, Inc. answer due 3/30/2018; The Gap, Inc. Voluntary Severance Plan answer due 3/30/2018.) (Signed by Judge Paul A. Engelmayer on 2/20/2018) (anc) Modified on 2/22/2018 (anc).
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Filing 9
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record, and subject to the approval of the Court, the time for Defendants The Gap, Inc. and The Gap, Inc. Voluntary Severance Plan (together, " Defendants") to answer, move or otherwise respond to Plaintiff's Complaint herein is hereby extended from February 28, 2018 to and including March 20, 2018. SO ORDERED. (The Gap, Inc. answer due 3/20/2018; The Gap, Inc. Voluntary Severance Plan answer due 3/20/2018.) (Signed by Judge Paul A. Engelmayer on 2/20/2018) (anc)
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| Filing 8 NOTICE OF APPEARANCE by Dylan Cara Dindial on behalf of The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Dindial, Dylan) |
| Filing 7 LETTER MOTION for Extension of Time to File Answer re: #6 Complaint addressed to Judge Paul A. Engelmayer from Stacey D. Adams dated February 20, 2018. Document filed by The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Attachments: #1 Text of Proposed Order)(Adams, Stacey) |
| Filing 6 COMPLAINT against The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. Document filed by Peter Bryan.(Buell, Sherie) |
| Filing 5 CIVIL COVER SHEET filed. (Buell, Sherie) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sherie Nan Buell to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by filing attorney. 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sherie Nan Buell to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet not signed by filing attorney. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Magistrate Judge Robert W. Lehrburger 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The Gap, Inc. and The Gap, Inc. Voluntary Severance Plan, re: #1 Complaint. Document filed by Peter Bryan. (Buell, Sherie) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Buell, Sherie) Modified on 2/1/2018 (sj). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against The Gap, Inc., The Gap, Inc. Voluntary Severance Plan. (Filing Fee $ 400.00, Receipt Number 0208-14646430)Document filed by Peter Bryan.(Buell, Sherie) Modified on 2/1/2018 (sj). |
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