Fischman v. Mitsubishi Chemical Holdings America, Inc. et al
| JENNIFER S FISCHMAN and Jennifer S. Fischman |
| Mitsubishi Chemical Holdings Corporation, NICHOLAS OLIVA, Mitsubishi Chemical Corporation, MITSUBISHI CHEMICAL HOLDINGS AMERICA, INC., Donna Costa, Nicolas Oliva and John Does 1-10 |
| 1:2018cv08188 |
| September 7, 2018 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 155
REPLY MEMORANDUM OF LAW in Support re: #135 FIRST MOTION for Summary Judgment . . Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 154
REPLY MEMORANDUM OF LAW in Support re: #132 MOTION in Limine . to exclude Staller and Wexler Testimony. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 153
REPLY MEMORANDUM OF LAW in Support re: #134 MOTION in Limine (Memorandum of Law re Gerald M LaPorte). . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 152
DECLARATION of Matthew L. Berman in Opposition re: #135 FIRST MOTION for Summary Judgment .. Document filed by Jennifer S. Fischman. (Attachments: #1 Exhibit 1 - Plaintiff's Resume, #2 Exhibit 2 - Plaintiff's 2009 Review, #3 Exhibit 3 - Plaintiff's 2010 Review, #4 Exhibit 4 - Plaintiff's 2011 Review, #5 Exhibit 5 - Plaintiff's 2012 Review, #6 Exhibit 6 - Plaintif'f's 2013 Review, #7 Exhibit 7 - Trice Deposition Excerpt, #8 Exhibit 8 Plaintiff's 2015 Mid-year Review, #9 Exhibit 9 - August 5, 2015 Emails, #10 Exhibit 10 - August 18, 2015 Emails, #11 Exhibit 11 - September 18, 2015 Emails, #12 Exhibit 12 - Oliva Linkedin Bio, #13 Exhibit 13 - September 1, 2015 Email, #14 Exhibit 14 - September 11, 2015 Email, #15 Exhibit 15 - Septmeber 25, 2015 Email, #16 Exhibit 16 - September 2015 Emails, #17 Exhibit 17 - Defendants' Interrogatory Response, #18 Exhibit 18 - Plaintiff's UI Hearing Transcript, #19 Exhibit 19 - January 22, 2017 Email, #20 Exhibit 20 - Saunders Notebook Entry, #21 Exhibit 21 - December 11, 2014 Email, #22 Exhibit 22 - Plaintiff's April 30 2016 Review, #23 Exhibit 23 - August 19, 2015 Email).(Berman, Matthew)
|
|
Filing 151
RESPONSE in Opposition to Motion re: #135 FIRST MOTION for Summary Judgment . Plaintiff's Rule 56.1 Counterstatement of Fact. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 150
MEMORANDUM OF LAW in Opposition re: #135 FIRST MOTION for Summary Judgment . . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 149
DECLARATION of Mercedes Colwin in Opposition re: #134 MOTION in Limine (Memorandum of Law re Gerald M LaPorte).. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit Declaration of Gerald M. LaPorte, #2 Exhibit Ruling and Order dated 10/19/2012 re Cott Beverages Inc. v. American et al.).(Colwin, Mercedes)
|
|
Filing 148
MEMORANDUM OF LAW in Opposition re: #134 MOTION in Limine (Memorandum of Law re Gerald M LaPorte). . Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 147
DECLARATION of Mercedes Colwin in Opposition re: #132 MOTION in Limine .. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit Declaration of Chad L. Staller, #2 Exhibit Declaration of Rona Wexler).(Colwin, Mercedes)
|
|
Filing 146
MEMORANDUM OF LAW in Opposition re: #132 MOTION in Limine . . Document filed by Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 145
MEMORANDUM OF LAW in Support re: #132 MOTION in Limine . . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 144
MEMORANDUM OF LAW in Support re: #132 MOTION in Limine . . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew L. Berman to RE-FILE Document #134 MOTION in Limine (Memorandum of Law re Gerald M LaPorte)., #133 MOTION in Limine (Memorandum of Law - Staller/Wexler. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link both to the #132 MOTION. (db)
|
|
Filing 143
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit GGGG, #2 Exhibit HHHH, #3 Exhibit IIII, #4 Exhibit JJJJ, #5 Exhibit KKKK, #6 Exhibit LLLL, #7 Exhibit MMMM, #8 Exhibit NNNN, #9 Exhibit OOOO, #10 Exhibit PPPP, #11 Exhibit QQQQ, #12 Exhibit RRRR, #13 Exhibit SSSS, #14 Exhibit TTTT, #15 Exhibit UUUU).(Colwin, Mercedes)
|
|
Filing 142
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit VVV, #2 Exhibit WWW, #3 Exhibit XXX - 1ST HALF, #4 Exhibit XXX - 2ND HALF, #5 Exhibit XXX- 3RD HALF, #6 Exhibit XXX - 4TH HALF, #7 Exhibit YYY, #8 Exhibit ZZZ, #9 Exhibit AAAA, #10 Exhibit BBBB, #11 Exhibit CCCC, #12 Exhibit DDDD, #13 Exhibit EEEE, #14 Exhibit FFFF).(Colwin, Mercedes)
|
|
Filing 141
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit KKK, #2 Exhibit LLL, #3 Exhibit MMM, #4 Exhibit NNN, #5 Exhibit OOO, #6 Exhibit PPP, #7 Exhibit QQQ, #8 Supplement RRR, #9 Exhibit SSS, #10 Exhibit TTT, #11 Exhibit UUU).(Colwin, Mercedes)
|
|
Filing 140
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit LL, #2 Exhibit MM, #3 Exhibit NN, #4 Exhibit OO, #5 Exhibit PP, #6 Exhibit QQ, #7 Exhibit RR, #8 Exhibit SS, #9 Exhibit TT, #10 Exhibit UU, #11 Exhibit VV, #12 Exhibit WW, #13 Exhibit XX, #14 Exhibit YY, #15 Exhibit ZZ, #16 Exhibit AAA, #17 Exhibit BBB, #18 Exhibit CCC, #19 Exhibit DDD, #20 Exhibit EEE, #21 Exhibit FFF, #22 Exhibit GGG, #23 Exhibit HHH, #24 Exhibit III, #25 Exhibit JJJ).(Colwin, Mercedes)
|
|
Filing 139
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit R, #2 Exhibit S, #3 Exhibit T, #4 Exhibit U, #5 Exhibit V, #6 Exhibit W, #7 Exhibit X, #8 Exhibit Y, #9 Exhibit Z, #10 Exhibit AA, #11 Exhibit BB, #12 Exhibit CC, #13 Exhibit DD, #14 Exhibit EE, #15 Exhibit FF, #16 Exhibit GG, #17 Exhibit HH, #18 Exhibit II, #19 Exhibit JJ, #20 Exhibit KK).(Colwin, Mercedes)
|
|
Filing 138
DECLARATION of Mercedes Colwin in Support re: #135 FIRST MOTION for Summary Judgment .. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q).(Colwin, Mercedes)
|
|
Filing 137
RULE 56.1 STATEMENT. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity)..(Colwin, Mercedes)
|
|
Filing 136
FIRST MEMORANDUM OF LAW in Support re: #135 FIRST MOTION for Summary Judgment . . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity)..(Colwin, Mercedes)
|
|
Filing 135
FIRST MOTION for Summary Judgment . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). Responses due by 12/22/2022.(Colwin, Mercedes)
|
|
Filing 134
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine (Memorandum of Law re Gerald M LaPorte). Document filed by Jennifer S. Fischman..(Berman, Matthew) Modified on 11/4/2022 (db).
|
|
Filing 133
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION in Limine (Memorandum of Law - Staller/Wexler. Document filed by Jennifer S. Fischman..(Berman, Matthew) Modified on 11/4/2022 (db).
|
|
Filing 132
MOTION in Limine . Document filed by Jennifer S. Fischman. (Attachments: #1 Affidavit Declaration of Matthew Berman, #2 Exhibit A - Chad Staller Report, #3 Exhibit B - Rona Wexler Report, #4 Exhibit C - Rona Wexler Deposition Transcript, #5 Exhibit D - Yang v Navigators Decision Excluding Chad Staller, #6 Exhibit E - Staller Exhibit from Deposition, #7 Exhibit F - Chad Staller Deposition Transcript, #8 Exhibit G - Excerpts of Fischman Deposition Transcript, #9 Exhibit H - CV of Rona Wexler).(Berman, Matthew)
|
|
Filing 131
MEMO ENDORSEMENT on re: #130 Proposed Scheduling Order filed by Nicolas Oliva, Mitsubishi Chemical Holdings America, Inc., Donna Costa. ENDORSEMENT: Application GRANTED as modified. SO ORDERED., ( Motions due by 11/1/2022., Responses due by 12/2/2022, Replies due by 12/22/2022.) (Signed by Judge Jesse M. Furman on 9/1/22) (yv)
|
|
Filing 130
PROPOSED SCHEDULING ORDER. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 129
MEMORANDUM OPINION AND ORDER re: #117 MOTION to Dismiss as a sanction against Plaintiff. filed by Mitsubishi Chemical Corporation, Nicolas Oliva, Mitsubishi Chemical Holdings America, Inc., Donna Costa.Accordingly, Defendants motion for sanctions is DENIED without prejudice to renewal upon resolution of Fischman's claims on summary judgment or after trial. No later than one week from the date of this Memorandum Opinion and Order, the parties shall file a proposed briefing schedule for summary judgment and Daubert motions. If both sides intend to move for summary judgment, the parties shall propose a briefing schedule that minimizes the number and page lengths of briefs that is, where one side files an initial motion; the other side files a cross-motion, supported by a single, consolidated memorandum of law in support of the cross motion and in opposition to the initial motion; the initial moving party files a single, consolidated memorandum of law in reply and in opposition to the cross-motion; and the cross-moving party files a reply. The Clerk of Court is directed to terminate ECF No. 117. (Signed by Judge Jesse M. Furman on 8/24/2022) (tro)
|
|
Filing 128
FIRST REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss as a sanction against Plaintiff. . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit Declaration of Gerald LaPorte, forensic ink expert, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3).(Primavera, Brittany)
|
|
Filing 127
ORDER granting #126 Letter Motion for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 126
FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Defendants dated 12/9/21. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity)..(Primavera, Brittany)
|
|
Filing 125
ORDER granting #124 Letter Motion for Extension of Time to File Response/Reply re #124 LETTER MOTION for Extension of Time to File Response/Reply as to #122 Memorandum of Law in Opposition to Motion for Sanctions/Dismissal addressed to Judge Jesse M. Furman from Matthew L. Berman dated November 23, 2021. Application GRANTED. Defendants may file their reply by December 14, 2021. The parties are reminded that deadlines are set by the Court, not the parties. The Clerk of Court is directed to terminate ECF No. 124. Replies due by 12/14/2021. (Signed by Judge Jesse M. Furman on 11/24/2021) (tg)
|
|
Filing 124
LETTER MOTION for Extension of Time to File Response/Reply as to #122 Memorandum of Law in Opposition to Motion for Sanctions/Dismissal addressed to Judge Jesse M. Furman from Matthew L. Berman dated November 23, 2021. Document filed by Jennifer S. Fischman. (Attachments: #1 Text of Proposed Order Proposed So-Ordered Stipulation).(Berman, Matthew)
|
|
Filing 123
ORDER: On October 22, 2021, Defendants filed a motion to dismiss. See ECF No. 117. Plaintiff submitted an opposition to this motion on November 22, 2021, ten days late. See ECF No. 122; ECF No. 114 (setting November 12, 2021 as Plaintiff's deadline to file any opposition to the motion). Exercising its discretion, the Court will nevertheless consider Plaintiff's opposition. In light of that, Defendants' deadline to reply, originally November 19, 2021 see ECF No. 114, ishereby EXTENDED, nunc pro tunc, to December 6, 2021. So Ordered. (Replies due by 12/6/2021.) (Signed by Judge Jesse M. Furman on 11/23/2021) (js)
|
|
Filing 122
CONSENT MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss as a sanction against Plaintiff. [CORRECTING ECF 120]. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 121
DECLARATION of Matthew L. Berman in Opposition re: #117 MOTION to Dismiss as a sanction against Plaintiff.. Document filed by Jennifer S. Fischman. (Attachments: #1 Exhibit Exh 1, #2 Exhibit Exh 2, #3 Exhibit Exh 3, #4 Exhibit Exh 4, #5 Exhibit Exh 5, #6 Exhibit Exh 6, #7 Exhibit Exh 7, #8 Exhibit Exh 8, #9 Exhibit Exh 9, #10 Exhibit Exh 10, #11 Exhibit Exh 11, #12 Exhibit Exh 12, #13 Exhibit Exh 13, #14 Exhibit Exh 14, #15 Exhibit Exh 15, #16 Exhibit Exh 16, #17 Exhibit Exh 17, #18 Exhibit Exh 18).(Berman, Matthew)
|
|
Filing 120
MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss as a sanction against Plaintiff. . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 119
MEMORANDUM OF LAW in Support re: #117 MOTION to Dismiss as a sanction against Plaintiff. . Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 118
DECLARATION of Mercedes Colwin in Support re: #117 MOTION to Dismiss as a sanction against Plaintiff.. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit A - Handwritten Note of 3.16.16, #2 Exhibit B - Pages from TT's Transcript of 6.15.21, #3 Exhibit C - Pages from TT's Transcript of 6.28.21, #4 Exhibit D - Expert Report of LaPorte, #5 Exhibit Ltr to TT's Counsel dated 4.4.21).(Colwin, Mercedes)
|
|
Filing 117
MOTION to Dismiss as a sanction against Plaintiff. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 116
MEMO ENDORSEMENT granting #115 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. It is hereby ORDERED that Francis J. Giambalvo, Christopher Seacord, and Jeffrey Camhi are granted leave to withdraw as counsel of record in this action, that such withdrawal is effective immediately, and that Francis J. Giambalvo, Christopher Seacord, and Jeffrey Camhi be removed from the Court's CM/ECF electronic notification list for this action. The Clerk of Court is directed to terminate ECF No. 115. SO ORDERED. Attorney Christopher Aaron Seacord; Jeffrey Adam Camhi and Francis James Giambalvo terminated. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
|
|
Filing 115
MOTION for Francis J. Giambalvo, Christopher Seacord and Jeffrey Camhi to Withdraw as Attorney for defendants Mitsubishi Chemical Holdings America, Inc., Nicholas Oliva and Donna Costa. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity)..(Colwin, Mercedes)
|
|
Filing 114
ORDER: As discussed during the teleconference earlier today, Plaintiff may proceed with the deposition of Rona Wexler scheduled for August 6, 2021, and may depose Patricia Saunders as soon as the witness is available. Merits discovery is otherwise over. Additionally, Plaintiff has until September 17, 2021, to disclose a rebuttal expert report with respect to the issues raised in Defendants' Rule 11 letter. Depositions of both parties' Rule 11 experts shall be completed by October 1, 2021. Defendants shall file any Rule 11 motion by October 22, 2021. Plaintiff shall respond by November 12, 2021. Defendants shall file any reply by November 19, 2021. The Court will address next steps, if appropriate, in the event that Defendants do not file a Rule 11 motion or after ruling on any such motion. SO ORDERED., ( Deposition due by 10/1/2021., Motions due by 10/22/2021., Responses due by 11/12/2021, Replies due by 11/19/2021.) (Signed by Judge Jesse M. Furman on 8/05/2021) (ama)
|
|
Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held via teleconference on 8/5/2021. Robert J. Valli, Sara Wyn Kane, and Matthew Berman present for Plaintiff. Mercedes Colwin and Brittany Primavera present for Defendants Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva, and Donna Costa. Jerry Fortinsky present for Defendant Mitsubishi Chemical Holdings Corporation. (ab)
|
|
Filing 113
ORDER: Upon reflection, the pretrial conference scheduled for today is converted to a telephone conference and RESCHEDULED to 4:30 p.m. TODAY. At that time, counsel should call 888-363-4749 and use access code 5421540#. Members of the press and public may call the same number, but will not be permitted to speak during the conference. The parties are reminded to follow the procedures for teleconferences described in the Court's Individual Rules and Practices in Civil Cases, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Among other things, those procedures require counsel to provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. Counsel should email that information to Chambers before the conference. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
|
|
Filing 112
LETTER addressed to Judge Jesse M. Furman from Defendants Mitsubishi Chemical Holdings America, Inc., Nicholas Oliva, and Donna Costa dated July 29, 2021 re: Joint Status Letter. Document filed by Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his inidividual capacity)..(Primavera, Brittany)
|
|
Filing 111
ORDER: Counsel are reminded that they must submit a joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 51. In their joint letter, the parties should also indicate whether they believe they can do without a conference altogether. Unless and until the Court orders otherwise, the conference remains in effect and will be held in person in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. (If counsel believe that the conference should be held by telephone, they should - in accordance with Rule 2(B) of the Court's Individual Rules and Practices promptly file a letter motion to that effect. Any such letter motion should indicate other dates and times during the week of the conference when counsel would be available.) Additionally, unless and until the Court orders otherwise, all existing dates and deadlines - including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order - remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/26/2021) (rro)
|
|
Filing 110
ORDER denying #108 Letter Motion for Extension of Time to Complete Discovery. Under the Federal Rules of Civil Procedure, "[a] schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "A finding of good cause depends on the diligence of the moving party." Grochowski v. Phoenix Const., 318 F.3d 80, 86 (2d Cir. 2003). Here, Plaintiff cannot, and does not, show good cause -- substantially for the reasons set forth in Defendant's response (Docket No. 109). Most significantly, Plaintiff concedes that she did not do any discovery between January and May of this year because she chose to focus on settlement instead -- despite the Court's specific warning in the Case Management Plan that, "[u]nless the Court orders otherwise, parties engaged in settlement negotiations must proceed on parallel tracks, pursuing settlement and conducting discovery simultaneously. Parties should not assume that they will receive an extension of an existing deadline if settlement negotiations fail." (Docket No. 51). Having unilaterally made the choice to put discovery on hold, and having failed to conscientiously seek the discovery that she nows claims is essential, Plaintiff must now live with the consequences of those choices. Accordingly, the motion for extension is DENIED. The Clerk of Court is directed to terminate Docket No. 108. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/22/21) (yv)
|
|
Filing 109
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Jerome S. Fortinsky dated July 20, 2021 re: #108 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Matthew L. Berman dated 07-15-2021. . Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities)..(Fortinsky, Jerome)
|
|
Filing 108
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Jesse M. Furman from Matthew L. Berman dated 07-15-2021. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 107
NOTICE OF APPEARANCE by Nicole L. Gueron on behalf of Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity)..(Gueron, Nicole)
|
|
Filing 106
ANSWER to #89 Amended Complaint,,,. Document filed by Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 105
ORDER granting #104 Letter Motion for Extension of Time to Answer re #1 Complaint,. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 104. SO ORDERED. (Mitsubishi Chemical Holdings Corporation answer due 2/15/2021.) (Signed by Judge Jesse M. Furman on 12/23/20) (yv)
|
|
Filing 104
LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Jerome S. Fortinsky dated December 23, 2020. Document filed by Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 103
OPINION AND ORDER: re: #91 MOTION to Dismiss the First Amended Complaint filed by Mitsubishi Chemical Holdings Corporation. For the foregoing reasons, MCHC's motion to dismiss is DENIED. The Clerk of Court is directed to terminate ECF No. 91. (Signed by Judge Jesse M. Furman on 12/16/2020) (ama) (Main Document 103 replaced on 12/16/2020) (ab).
|
|
Filing 102
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the below named attorneys as follows: The discovery end date in the above captioned matter will be extended from December 30, 2020 until July 30, 2021 for the reasons set forth herein, subject to the Court's approval. On June 30, 2020, the parties filed a joint stipulation seeking an extension of the discovery end date in this matter, due to considerations relating to the COVID outbreak and the pendency of Defendant Mitsubishi Chemical Holdings Corporation's ("MCHC") Motion to Dismiss the First Amended Complaint (the "Motion"). At that time, the parties respectfully requested an opportunity to depose the individuals named in this action in person, and noted that, given then-current state and city guidelines, as well as personal health concerns surrounding the COVID-19 pandemic, the parties would be unable to be accomplish that under the then-current deadlines in this matter. The parties now respectfully request a further extension of the discovery end date until July 30, 2021. The parties believe such an extension is warranted because circumstances relating to the COVID-19 pandemic have not materially changed since the parties' previousextension request, and, in addition, the Motion remains pending. The parties are cautioned that no further extensions are likely to be granted on account ofthe pandemic. Put differently, assuming the Court decides the pending motion and the depositions need to be taken, the parties should confer in good faith about taking them remotely in the event that in-person depositions are not feasible by July 30, 2021. In light of the discovery extension, the pretrial conference currently scheduled for January 21, 2021 is ADJOURNED to August 5, 2021 at 3:15 p.m. SO ORDERED., ( Discovery due by 7/30/2021., Pretrial Conference set for 8/5/2021 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/23/2020) (ama)
|
|
Filing 101
PROPOSED STIPULATION AND ORDER. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 100
STIPULATION AND ORDER: IT IS HERE BY STIPULATED AND AGREED by and between the below named attorneys as follows: l. The discovery end date in the above captioned matter will be extended from August 1, 2020 until December 30, 2020 for the reasons set forth herein. 2. The parties respectfully request an opportunity to depose the individuals named in this action in person. Given current state and city guidelines, as well as personal health concerns surrounding th e COVID outbreak, the parties will be unable to be accomplish this under the current deadlines. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/1/2020) ( Discovery due by 12/30/2020.) (ks)
|
|
Filing 99
PROPOSED STIPULATION AND ORDER. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 98
REPLY MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss the First Amended Complaint. . Document filed by Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 97
DECLARATION of Matthew Berman (UNSEALED) in Opposition re: #91 MOTION to Dismiss the First Amended Complaint.. Document filed by Jennifer S. Fischman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Berman, Matthew)
|
|
Filing 96
DECLARATION of Matthew L. Berman in Opposition re: #91 MOTION to Dismiss the First Amended Complaint.. Document filed by Jennifer S. Fischman. (Attachments: #1 Exhibit Sealed Document Placeholder).(Berman, Matthew)
|
|
Filing 95
MEMORANDUM OF LAW in Opposition re: #91 MOTION to Dismiss the First Amended Complaint. . Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 94
ORDER denying as moot #66 Motion to Dismiss. In light of Defendant Mitsubishi Chemical Holdings Corporations new motion to dismiss, see ECF No. 91, Defendants earlier motion to dismiss filed at ECF No. 66 is hereby DENIED as moot. Plaintiffs opposition to the new motion to dismiss is due by June 1, 2020; Defendant's reply, if any, is due by June 29, 2020. See ECF No. 85. The Clerk of Court is directed to terminate ECF No. 66. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/5/2020) (jca)
|
|
Set/Reset Deadlines: Responses due by 6/1/2020, Replies due by 6/29/2020. (jca)
|
|
Filing 93
DECLARATION of Jerome S. Fortinsky in Support re: #91 MOTION to Dismiss the First Amended Complaint.. Document filed by Mitsubishi Chemical Holdings Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Fortinsky, Jerome)
|
|
Filing 92
MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss the First Amended Complaint. . Document filed by Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 91
MOTION to Dismiss the First Amended Complaint. Document filed by Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 90
ANSWER to #89 Amended Complaint,,,. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 89
FIRST AMENDED COMPLAINT amending #1 Complaint, #3 Complaint,, #86 Amended Complaint,, #84 Amended Complaint,, against Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), John Does 1-10(in their individual capacities), John Does 1-10(in their professional capacities), Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity) with JURY DEMAND.Document filed by Jennifer S. Fischman. Related document: #1 Complaint, #3 Complaint,, #86 Amended Complaint,, #84 Amended Complaint,,. (Attachments: #1 Exhibit Consent to file Amended Complaint from B Primavera, #2 Exhibit Consent to file Amended Complaint from S Jolly).(Berman, Matthew)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew L. Berman to RE-FILE re: Document No. #86 Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; the pleading is being filed after the due date of 4/6/2020; the order granting permission to file the pleading after the due date was not attached; Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - DO NOT ENTER THE WORD 'CONSENT' IN THE DOCKET ENTRY TEXT - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne)
|
|
Filing 88
ORDER: The discovery end date in the above captioned matter will be extended ninety (90) days from May 1, 2020 until August 1, 2020 in light of the recent COVID outbreak and its attendant difficulties achieving this deadline. The deadline for fact discovery is extended to August 1, 2020. The pretrial conference scheduled for May 7, 2020, is RESCHEDULED to August 20, 2020, at 3:15 p.m. ( Discovery due by 8/1/2020., Fact Discovery due by 8/1/2020., Pretrial Conference set for 8/20/2020 at 03:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/7/2020) (cf)
|
|
Filing 87
PROPOSED STIPULATION AND ORDER. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Primavera, Brittany)
|
|
Filing 86
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT AMENDED COMPLAINT amending #1 Complaint, #3 Complaint,, #84 Amended Complaint,, against Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), John Does 1-10(in their individual capacities), John Does 1-10(in their professional capacities), Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity) with JURY DEMAND.Document filed by Jennifer S. Fischman. Related document: #1 Complaint, #3 Complaint,, #84 Amended Complaint,,..(Berman, Matthew) Modified on 4/8/2020 (pne).
|
|
Filing 85
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiff's counsel and counsel for each of the Defendants, subject to the approval of this Court, that: 1.The Defendants shall move, answer, or otherwise respond to the amended complaint by May 4, 2020; 2.If the Defendants move to dismiss the amended complaint, the Plaintiff shall serve and file her opposition to the motion to dismiss by June 1, 2020; 3.The Defendants shall serve and file their reply, if any, in support of any motion to dismiss by June 29, 2020; 4.This Stipulation is not, and should not be construed as, a waiver by the Defendants of any jurisdictional or other defenses. SO ORDERED. ( Motions due by 5/4/2020., Responses due by 6/1/2020, Replies due by 6/29/2020.) (Signed by Judge Jesse M. Furman on 4/7/20) (yv)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew L. Berman to RE-FILE re: Document No. #84 Amended Complaint,. The filing is deficient for the following reason(s): all parties whom the pleading is against were not selected; Nicolas Oliva, Donna Costa, and John Does 1-10 must be selected in both of their capacities; the pleading was filed incorrectly on the due date set by the Court, therefore consent from the opposing party/parties or Court's leave will be required before re-filing the Amended Complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne)
|
|
Filing 84
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR-FIRST AMENDED COMPLAINT amending #1 Complaint, #3 Complaint,, against Donna Costa(in her professional capacities), John Does 1-10(in their individual capacities), Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities) with JURY DEMAND.Document filed by Jennifer S. Fischman. Related document: #1 Complaint, #3 Complaint,,..(Berman, Matthew) Modified on 4/7/2020 (pne).
|
|
Filing 83
PROPOSED STIPULATION AND ORDER. Document filed by Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation..(Fortinsky, Jerome)
|
|
Filing 82
CERTIFICATE OF SERVICE of Order, Summons, Complaint & Exhibit served on Mitsubishi Chemical Corporation on 11/20/2019. Service was accepted by Pursuant to Hague Convention. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 81
MEMO ENDORSEMENT on re: #80 Letter. ENDORSEMENT: Defendants shall provide the interrogatory responses by March 23, 2020. Plaintiff shall file an amended complaint or opposition to the pending motion to dismiss by April 6, 2020. If Plaintiff files an opposition, any reply shall be filed by April 13, 2020. (Amended Pleadings due by 4/6/2020. Set Deadlines/Hearing as to #66 MOTION to Dismiss: Responses due by 4/6/2020, Replies due by 4/13/2020.) (Signed by Judge Jesse M. Furman on 3/16/2020) (jwh)
|
|
Filing 80
FIRST LETTER addressed to Judge Jesse M. Furman from Mercedes Colwin dated March 16, 2020 re: Joint Letter re: Discovery Deadline. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities)..(Colwin, Mercedes)
|
|
Filing 79
ORDER granting #78 Letter Motion for Extension of Time. The Court grants Plaintiff one final extension. No further extensions will be granted. The parties shall promptly confer and file a joint letter on ECF by noon on March 16, 2020, proposing a deadline by which the discovery at issue shall be completed. After determining whether to accept or modify the parties' proposed discovery deadline, the Court will set final deadlines for Plaintiff's response to the pending motion to dismiss and related filings. The Clerk of Court is directed to terminate ECF No. 78. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2020) (va)
|
|
Filing 78
LETTER MOTION for Extension of Time to File an Amended Complaint and/or a Response to the Motion to Dismiss addressed to Judge Jesse M. Furman from Matthew Berman dated March 11, 2020. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 77
ORDER: granting #75 Letter Motion for Extension of Time to File; granting #76 Letter Motion for Extension of Time. Application GRANTED. Plaintiff shall file an amended complaint or opposition to the motion to dismiss by March 13, 2020. If Plaintiff files an amended complaint, Defendants shall respond by filing an answer, new motion to dismiss, or letter on ECF stating that they rely on their previously filed motion within three weeks after the amended complaint is filed. If Plaintiff files an opposition, any reply shall be filed by April 10, 2020. The Clerk of Court is directed to terminate ECF Nos. 75 and 76. SO ORDERED.( Amended Pleadings due by 3/13/2020.). (Signed by Judge Jesse M. Furman on 2/27/2020) (ama)
|
|
Filing 76
SUPPLEMENTAL LETTER MOTION for Extension of Time to File an Amended Complaint and/or Response to the Motion to Dismiss addressed to Judge Jesse M. Furman from Matthew L. Berman dated February 27, 2020. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Set/Reset Deadlines: Responses due by 3/13/2020 Replies due by 4/10/2020. (ama)
|
|
Filing 75
LETTER MOTION for Extension of Time to File an Amended Complaint and/or a Response to the Motion to Dismiss addressed to Judge Jesse M. Furman from Matthew L. Berman dated February 26, 2020. Document filed by Jennifer S. Fischman..(Berman, Matthew)
|
|
Filing 74
STIPULATED AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...Any redacted or sealed filings shall be made pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170, at *2 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/2020) (jca)
|
|
Filing 73
PROPOSED STIPULATION AND ORDER. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Colwin, Mercedes)
|
|
Filing 72
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by February 28, 2020. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If no amended complaint is filed, Plaintiff shall file any opposition to the motion to dismiss by February 28, 2020. Defendants' reply, if any, shall be filed by March 27, 2020. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. SO ORDERED., ( Amended Pleadings due by 2/28/2020., Responses due by 2/28/2020, Replies due by 3/27/2020.) (Signed by Judge Jesse M. Furman on 1/21/2020) (ama)
|
|
Filing 71
NOTICE OF APPEARANCE by Christopher Aaron Seacord on behalf of Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Seacord, Christopher)
|
|
Filing 70
DECLARATION of Koichiro Kanemaru in Support re: #66 MOTION to Dismiss the Complaint.. Document filed by Mitsubishi Chemical Corporation. (Fortinsky, Jerome)
|
|
Filing 69
DECLARATION of Yasukuni Noguchi in Support re: #66 MOTION to Dismiss the Complaint.. Document filed by Mitsubishi Chemical Holdings Corporation. (Fortinsky, Jerome)
|
|
Filing 68
DECLARATION of Jerome S. Fortinsky in Support re: #66 MOTION to Dismiss the Complaint.. Document filed by Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fortinsky, Jerome)
|
|
Filing 67
MEMORANDUM OF LAW in Support re: #66 MOTION to Dismiss the Complaint. . Document filed by Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation. (Fortinsky, Jerome)
|
|
Filing 66
MOTION to Dismiss the Complaint. Document filed by Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation.(Fortinsky, Jerome)
|
|
Filing 65
CERTIFICATE OF SERVICE of Order, Summons, Complaint & Exhibit served on Mitsubishi Chemical Holldings Corporation on November 13, 2019. Service was accepted by pursuant to Hague Convention. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 64
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiff's counsel and counsel for each of the Defendants, subject to the approval of this Court, that: The Defendants shall move, answer, or otherwise respond to the complaint by January 17, 2020. If the Defendants move to dismiss the complaint, the Plaintiff shall serve and file her opposition to the motion to dismiss by February 28, 2020. The Defendants shall serve and file their reply, if a ny, in support of any motion to dismiss by March 27, 2020. SO ORDERED., Donna Costa(in her professional capacities) answer due 1/17/2020; Donna Costa(in herindividual capacity) answer due 1/17/2020; Mitsubishi Chemical Corporation answer due 1/17/2020; Mitsubishi Chemical Holdings America, Inc. answer due 1/17/2020; Mitsubishi Chemical Holdings Corporation answer due 1/17/2020; Nicolas Oliva(in his professional capacities) answer due 1/17/2020; Nicolas Oliva(in his inidividual capacity) answer due 1/17/2020.( Responses due by 2/28/2020, Replies due by 3/27/2020.) (Signed by Judge Jesse M. Furman on 12/10/2019) (ama)
|
|
Filing 63
PROPOSED STIPULATION AND ORDER. Document filed by Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation. (Fortinsky, Jerome)
|
|
Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 12/4/2019. Robert Valli, Jr. and Matthew Berman present for Plaintiff. Mercedes Colwin and Brittany Primavera present for Defendants. Court reporter present. (ab)
|
|
Filing 62
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mitsubishi Chemical Holdings Corporation.(Fortinsky, Jerome)
|
|
Filing 61
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mitsubishi Chemical Holdings Corporation for Mitsubishi Chemical Corporation. Document filed by Mitsubishi Chemical Corporation.(Fortinsky, Jerome)
|
|
Filing 60
NOTICE OF APPEARANCE by Jerome Steven Fortinsky on behalf of Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation. (Fortinsky, Jerome)
|
|
Filing 59
SCHEDULING ORDER: Access to the Court's usual courtroom in the Thurgood Marshall United States Courthouse is severely curtailed due to elevator maintenance issues. Accordingly, the conference previously scheduled for December 4, 2019, at 2:15 p.m. is RESCHEDULED to the same day at 11:45 a.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY. (Status Conference set for 12/4/2019 at 11:45 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/2/2019) (rro)
|
|
Filing 58
ORDER granting #57 Letter Motion to Adjourn Conference. Application GRANTED. The conference is ADJOURNED to December 4, 2019, at 2:15 p.m. The Clerk of Court is directed to terminate ECF No. 57. Status Conference set for 12/4/2019 at 02:15 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/18/2019) (cf)
|
|
Filing 57
LETTER MOTION to Adjourn Conference from November 21st to December 2nd or December 4th, 2019 addressed to Judge Jesse M. Furman from Mercedes Colwin dated November 18, 2019. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit Women's Forum Agenda)(Colwin, Mercedes)
|
|
Filing 56
NOTICE OF APPEARANCE by Brittany L. Primavera on behalf of Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Primavera, Brittany)
|
|
Filing 55
ORDER with respect to #52 Letter Motion for Leave to File Amended Complaint and other relief. The parties shall appear for a conference to address the issues raised in their letters on November 21, 2019, at 2:30 p.m. Unless the Court advises the parties otherwise, the conference will be held in Courtroom 905 - NOT the Court's usual courtroom. Plaintiff shall bring a copy of the email at issue to the conference. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 54
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Francis J. Giambalvo dated November 13, 2019 re: #52 LETTER MOTION for Leave to File Amended Complaint and other relief addressed to Judge Jesse M. Furman from Robert J. Valli, Jr. dated November 11, 2019. . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Giambalvo, Francis)
|
|
Filing 53
LETTER addressed to Judge Jesse M. Furman from Mercedes Colwin dated November 13, 2019 re: Defendants' Response to Plaintiff's Letter Seeking Leave to Amend the Complaint. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities).(Blackwell, Lindsey)
|
|
Filing 52
LETTER MOTION for Leave to File Amended Complaint and other relief addressed to Judge Jesse M. Furman from Robert J. Valli, Jr. dated November 11, 2019. Document filed by Jennifer S. Fischman.(Valli, Robert)
|
|
Filing 51
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). The parties are free to withhold consent without adverse substantive consequences. Motions due by 12/1/2019. Deposition due by 6/15/2020. Fact Discovery due by 5/1/2020. Expert Discovery due by 6/15/2020. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5-7 days. Pretrial Conference set for 5/7/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/24/19) (yv)
|
|
Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 10/24/2019. Robert Valli, Jr. present for Plaintiff. Mercedes Colwin present for Defendants. (ab)
|
|
Filing 50
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mitsubishi Chemical Holdings Corporation for Mitsubishi Chemical Holdings America, Inc.. Document filed by Mitsubishi Chemical Holdings America, Inc..(Giambalvo, Francis)
|
|
NOTICE: Please be advised that the conference scheduled for tomorrow, October 24,2019, will be held in Courtroom 318 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. (ab)
|
|
Filing 49
ANSWER to #1 Complaint, #3 Complaint,,., ANSWER to #1 Complaint, #3 Complaint,,. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity).(Giambalvo, Francis)
|
|
Filing 48
JOINT LETTER addressed to Judge Jesse M. Furman from Mercedes Colwin dated October 21, 2019 re: Case Management Plan. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit Proposed Case Management Order)(Colwin, Mercedes)
|
|
Filing 46
ORDER: The parties failed to submit the joint letter and proposed case management plan by October 17, 2018, as ordered at ECF No. #45 . The parties shall submit the required letter and case management plan no later than 5 p.m. on Monday, October 21, 2019. Failure to do so may result in sanctions. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/2019) (Text Only Order)(Furman, Jesse)
|
|
Filing 47
ORDER. On August 27, 2019, the Court reminded the parties to submit a joint letter and proposed case management plan by October 17, 2018, in accordance with the Court's prior order at ECF No. 4. See ECF No. 45. The parties failed to do so. Therefore, it is hereby ORDERED that the parties submit the required letter and case management plan as soon as possible, and no later than noon on Monday, October 21, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/18/19) (yv)
|
|
Filing 45
ORDER: granting #44 Letter Motion for Extension of Time. Application GRANTED. The deadline for Defendants to answer or otherwise respond to the Complaint is hereby EXTENDED to October 22, 2019. Additionally, the initial pretrial conference is hereby ADJOURNED to October 24, 2019 at 3:15 p.m. The parties are reminded to submit a joint letter and proposed case management plan no later than the Thursday of the week before. See ECF No. 4. The Clerk of Court is directed to terminate ECF No. 44. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/27/2019) (ama)
|
|
Filing 44
JOINT LETTER MOTION for Extension of Time to answer complaint and adjournment of the initial pre-trial conference addressed to Judge Jesse M. Furman from Francis J. Giambalvo dated August 27, 2019. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity).(Giambalvo, Francis)
|
|
Set/Reset Deadlines: Donna Costa(in her professional capacities) answer due 10/22/2019; Donna Costa(in herindividual capacity) answer due 10/22/2019; John Does 1-10(in their individual capacities) answer due 10/22/2019; John Does 1-10(in their professional capacities) answer due 10/22/2019; Mitsubishi Chemical Corporation answer due 10/22/2019; Mitsubishi Chemical Holdings America, Inc. answer due 10/22/2019; Mitsubishi Chemical Holdings Corporation answer due 10/22/2019; Nicolas Oliva(in his professional capacities) answer due 10/22/2019; Nicolas Oliva(in his inidividual capacity) answer due 10/22/2019. (ama)
|
|
Set/Reset Hearings: Initial Conference set for 10/24/2019 at 03:15 PM before Judge Jesse M. Furman. (ama)
|
|
Filing 42
ORDER terminating #39 Motion to Dismiss. As Defendants merely refiled their motion papers in unredacted form, the motion is terminated. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 41
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss . Unredacted Memorandum of Law. Document filed by Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Camhi, Jeffrey)
|
|
Filing 40
DECLARATION of Jeffrey A. Camhi in Support re: #39 MOTION to Dismiss .. Document filed by Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Camhi, Jeffrey)
|
|
Filing 39
MOTION to Dismiss . Document filed by Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities).(Camhi, Jeffrey)
|
|
Filing 38
AFFIDAVIT OF SERVICE of Notice of Pre-Trial Conference & Courts Individual Rules & Practices served on Francis James Giambalvo, Jeffrey Adam Camhi & Mercedes Colwin on July 12, 2019. Service was made by MAIL. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 37
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for September 5, 2019. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. 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. SO ORDERED. Mediator to be Assigned by 7/22/2019. Mediator Expertise Request due by 7/17/2019. (Signed by Judge Jesse M. Furman on 7/12/2019) (jca) Transmission to Mediation Clerk for processing.
|
|
Filing 36
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/5/2019 at 04:00 PM in Courtroom (As further set forth in this order) (Signed by Judge Jesse M. Furman on 7/12/2019) (ne)
|
|
Filing 35
OPINION AND ORDER. In sum, for the reasons stated above, Defendants' motion for reconsideration is DENIED and their motion to dismiss is GRANTED in part and DENIED in part. Specifically, Defendants' motion to dismiss is granted to the extent it seeks to dismiss Fischman's claims for retaliation under New York Labor Law 215, for intentional infliction of emotional distress, and for "Negligent Destruction of Plaintiffs' Employment Opportunities," and it is otherwise denied. Fischman is granted leave to amend her Complaint to address the deficiency in her retaliation claim, in part because the deficiency is one that Defendants arguably did not even identify in their motion. The Court declines to grant Fischman leave to amend with respect to the other two claims, however, because she does not suggest that she possesses any additional facts that could remedy the defects in those claims and any such amendment would undoubtedly be futile. See, e.g., Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (holding that a district court may dismiss without granting leave to amend when the problems with the plaintiffs claims are "substantive," where "better pleading will not cure" them, and thus, where repleading would be "futile"); Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014) (denying leave to amend where the plaintiff did not request permission to amend or "give[] any indication that [s]he is in possession of facts that would cure the problems identified in this [O]pinion"). Fischman shall file any amended complaint within two weeks of this Opinion and Order. To the extent that Defendants seek to redact from their motion papers any information that appears publicly in the Complaint, that request is also DENIED. To the extent that Defendants seek to redact other information, they shall request that it be redacted in accordance with the Court's Individual Rules and Practices within one week of the date of this Opinion and Order. In the absence of such a request, also within one week of the date of this Opinion, Defendants shall file their heretofore sealed motion papers on the docket. The Clerk of Court is directed to terminate Docket Nos. 25 and 28. SO ORDERED. re: #28 MOTION for Reconsideration filed by Nicolas Oliva, Mitsubishi Chemical Holdings America, Inc., Donna Costa, #25 FIRST MOTION to Dismiss Plaintiff's Complaint filed by Nicolas Oliva, Mitsubishi Chemical Holdings America, Inc., Donna Costa. (Signed by Judge Jesse M. Furman on 7/11/2019) (rjm)
|
|
Filing 34
DECLARATION of Jeffrey Camhi in Support re: #25 FIRST MOTION to Dismiss Plaintiff's Complaint.. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Certificate of Service)(Camhi, Jeffrey)
|
|
Filing 33
REPLY MEMORANDUM OF LAW in Support re: #25 FIRST MOTION to Dismiss Plaintiff's Complaint. . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Camhi, Jeffrey)
|
|
Filing 32
MEMORANDUM OF LAW in Opposition re: #25 FIRST MOTION to Dismiss Plaintiff's Complaint. . Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 31
FIRST REPLY MEMORANDUM OF LAW in Support re: #28 MOTION for Reconsideration . . Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Camhi, Jeffrey)
|
|
Filing 30
MEMORANDUM OF LAW in Opposition re: #28 MOTION for Reconsideration . . Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 29
ORDER with respect to #28 Motion for Reconsideration. Any opposition to the motion for reconsideration is due no later than December 17, 2018, and any reply is due no later than December 20, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 28
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration . Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Attachments: #1 Declaration of Francis J. Giambalvo, Esq., #2 Exhibit Exhibit A, #3 Memorandum of Law)(Giambalvo, Francis) Modified on 1/8/2019 (db).
|
|
Filing 27
ORDER: Accordingly, it is hereby ORDERED that Plaintiff shall file any amended complaint by January 4, 2019. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that it relies on the previously filed motion to dismiss. If Defendants file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. It is further ORDERED that if no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by January 4, 2019. Defendants' reply, if any, shall be served by January 11, 2019. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the United States Courthouse, 40 Centre Street, New York, New York. Finally, it is further ORDERED that the initial pretrial conference scheduled for December 20, 2018 (see Docket No. 4) is adjourned sine die. SO ORDERED. (Amended Pleadings due by 1/4/2019.) (Signed by Judge Jesse M. Furman on 12/4/2018) (ne)
|
|
Filing 26
ORDER granting in part and denying in part #24 Motion to Seal Documents. Defendants' motion is denied to the extent it pertains to the Complaint, as the cat is long out of the bag. Defendants have known about the publicly filed complaint since at least September (see Docket No. #8 ), and they provide no explanation, let alone justification, why they waited over two months to seek the relief they are seeking. That delay belies their claims of harm and, in light of that delay, the presumption in favor of public access outweighs any countervailing interests. Defendants' motion is granted temporarily to the extent that it pertains to their motion papers. The Court will decide whether the proposed redactions are proper (mindful of what information is already in the public domain because of the complaint) when deciding the underlying motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 25
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss Plaintiff's Complaint. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Affidavit Declaration of Jeffrey Camhi, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit Redacted Memorandum of Law in Support of Motion to Dismiss)(Camhi, Jeffrey) Modified on 1/3/2019 (db).
|
|
Filing 24
FIRST LETTER MOTION to Seal Document #1 Complaint, and Moving Defendants' Motion to Dismiss addressed to Judge Jesse M. Furman from Jeffrey Camhi dated December 3, 2018. Document filed by Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Attachments: #1 Exhibit A- Complaint with Proposed Redactions, #2 Exhibit B- Memo of Law with Proposed Redactions)(Camhi, Jeffrey)
|
|
Filing 23
ORDER APPOINTING INTERNATIONAL PROCESS SERVER granting #22 Letter Motion for Leave to File Document. On November 20, 2018, Plaintiff filed this proposed "Order Appointing International Process Server" for the Court's approval. (Docket No. 19). At the Court's request, Plaintiff filed a letter on November providing the basis for the request. (Docket Nos. 20, 21). The Court granted Defendants until November 30, 2018, to file a response, but Defendants did not do so. Accordingly, the Court GRANTS this order as unopposed. The Clerk of Court is directed to terminate Docket No. 22. Pursuant to Chapter 1, Article 3 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters developed at the Tenth Session of the Hague Conference on Private International Law on 15 November, 1965 (the "Hague Convention"), and for good cause shown, the Court hereby appoints Crowe Foreign Services, 1020 SW Taylor Street, Suite 240, Portland, Oregon, 97205, and its agents, as the authority and judicial officer competent under the Jurisdiction of this Court to forward to the Central Authority in the applicable country, any and all documents to be served in this case. (Signed by Judge Jesse M. Furman on 12/3/2018) (ne)
|
|
Filing 22
LETTER MOTION for Leave to File Proposed Order addressed to Judge Jesse M. Furman from Matthew Berman dated November 26, 2018. Document filed by Jennifer S. Fischman. (Attachments: #1 Affidavit In Support, #2 Exhibit Other Cases)(Berman, Matthew)
|
|
Filing 21
ORDER re: #19 Proposed Order filed by Jennifer S. Fischman. Plaintiff filed a proposed "Order Appointing International Process Server" for the Court's approval. Plaintiff is hereby ORDERED to, by no later than November 27, 2018, file a letter of no more than 3 pages providing the basis for this request. Defendants may respond to Plaintiff's letter in their own letter of no more than 3 pages by no later than Friday, November 30, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/20/2018) (Text Only Order) (Furman, Jesse)
|
|
Filing 20
ORDER granting #16 Letter Motion for Extension of Time to Answer. The deadline for Defendants to answer or otherwise respond to the Complaint, which is currently November 27, 2018 (see Docket Nos. #8 - #10 ), is hereby EXTENDED to December 3, 2018. The initial pretrial conference scheduled for December 20, 2018, remains unchanged. (See Docket No. #4 ). The parties are reminded that they must file on ECF no later than Thursday of the week prior to the initial pretrial conference a joint letter, the contents of which are described in the Courts order scheduling the initial pretrial conference (Docket No. #4 ), as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
|
|
Filing 19
PROPOSED ORDER. Document filed by Jennifer S. Fischman. (Berman, Matthew) Proposed Order to be reviewed by Clerk's Office staff.
|
|
Filing 18
NOTICE OF APPEARANCE by Mercedes Colwin on behalf of Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Colwin, Mercedes)
|
|
Filing 17
NOTICE OF APPEARANCE by Francis James Giambalvo on behalf of Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). (Giambalvo, Francis)
|
|
Filing 16
LETTER MOTION for Extension of Time to File Answer re: #3 Complaint,, addressed to Judge Jesse M. Furman from Jeffrey Camhi dated November 20, 2018. Document filed by Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities).(Camhi, Jeffrey)
|
|
Filing 15
NOTICE OF APPEARANCE by Jeffrey Adam Camhi on behalf of Donna Costa(in her professional capacities), Mitsubishi Chemical Holdings America, Inc., Nicolas Oliva(in his professional capacities). (Camhi, Jeffrey)
|
|
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #19 Proposed Order was reviewed and approved as to form. (dt)
|
|
Filing 14
VOLUNTARY PARTIAL DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): It is ORDERED that: The claims contained within the third cause of action in this litigation against all defendants are dismissed. BY THE COURT. (Signed by Judge Jesse M. Furman on 11/15/2018) (ne)
|
|
Filing 13
NOTICE of Partial Voluntarity Dismissal (3rd Cause of Action ONLY). Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 12
ELECTRONIC SUMMONS ISSUED as to Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation. (dnh)
|
|
Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Mitsubishi Chemical Corporation and Mitsubishi Chemical Holdings Corporation, re: #3 Complaint,,. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Nicolas Oliva(in his professional capacities) waiver sent on 9/28/2018, answer due 11/27/2018; Nicolas Oliva(in his inidividual capacity) waiver sent on 9/28/2018, answer due 11/27/2018. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 9
WAIVER OF SERVICE RETURNED EXECUTED. Donna Costa(in her professional capacities) waiver sent on 9/28/2018, answer due 11/27/2018; Donna Costa(in herindividual capacity) waiver sent on 9/28/2018, answer due 11/27/2018. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 8
WAIVER OF SERVICE RETURNED EXECUTED. Mitsubishi Chemical Holdings America, Inc. waiver sent on 9/28/2018, answer due 11/27/2018. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 7
AFFIDAVIT OF SERVICE of Notice Pretrial Conference & Court's Individual Rules & Practices served on Mitsubishi Chemical Holdings America, Inc; Mitsubishi Chemical Corporation; Mitsubishi Chemical Holdings Corporation; Nicolas Oliva & Donna Costa on 9/24/2018. Service was made by Federal Express Mail. Document filed by Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 6
NOTICE OF APPEARANCE by Robert John Valli, Jr on behalf of Jennifer S. Fischman. (Valli, Robert)
|
|
Filing 5
NOTICE OF APPEARANCE by Matthew L. Berman on behalf of Jennifer S. Fischman. (Berman, Matthew)
|
|
Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/20/2018 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/12/2018) (jca)
|
|
Filing 3
COMPLAINT against Donna Costa(in her professional capacities), Donna Costa(in herindividual capacity), John Does 1-10(in their individual capacities), John Does 1-10(in their professional capacities), Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings America, Inc., Mitsubishi Chemical Holdings Corporation, Nicolas Oliva(in his professional capacities), Nicolas Oliva(in his inidividual capacity). Document filed by Jennifer S. Fischman. (Attachments: #1 Exhibit Exhibit 1)(Kane, Sara)
|
|
ADD PARTY FOR PLEADING. Defendants/Respondents John Does 1-10, John Does 1-10, Donna Costa, Nicholas Oliva added. Party added pursuant to #1 Complaint,.Document filed by Jennifer S. Fischman. Related document: #1 Complaint,.(Kane, Sara)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sara Wyn Kane. The party information for the following party/parties has been modified: JENNIFER S FISCHMAN, MITSUBISHI CHEMICAL HOLDINGS AMERICA, INC., NICHOLAS OLIVA, Donna Costa. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sara Wyn Kane re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add John Does 1-10 with the party text "in their individual capacities" to CM ECF. Add Nicolas Oliva, Donna Costa and John Does 1-10 to CM ECF with the party text "in their official capacities" for each. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
|
|
Case Designated ECF. (pc)
|
|
Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
|
|
Filing 2
CIVIL COVER SHEET filed. (Kane, Sara)
|
|
Filing 1
COMPLAINT against Donna Costa, MITSUBISHI CHEMICAL HOLDINGS AMERICA, INC., Mitsubishi Chemical Corporation, Mitsubishi Chemical Holdings Corporation, NICHOLAS OLIVA. (Filing Fee $ 400.00, Receipt Number 0208-15544200)Document filed by JENNIFER S FISCHMAN. (Attachments: #1 Exhibit Exhibit 1)(Kane, Sara)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
