Rinaldi v. NICE Ltd et al
| Peter Rinaldi |
| NICE Ltd and Barak Eiliam |
| 1:2019cv00424 |
| January 15, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.
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Filing 33
AFFIDAVIT OF SERVICE of Summons & Complaint; served on NICE Systems Inc. on 3/14/19. Service was accepted by unnamed person/tried to reject service at 221 River Street, Hoboken, NJ 07030. Document filed by Peter Rinaldi. (sc)
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Filing 32
AFFIDAVIT OF SERVICE of Summons & Complaint; served on Actimize, Paul Mills, Christine Bonamarte, and Richard Malish on 3/14/19. Service was accepted by unnamed person/tried to reject service at 221 River Street, Hoboken, NJ 07030. Document filed by Peter Rinaldi. (sc)
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Filing 31
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from David W. Garland dated March 12, 2019 re: #30 MOTION to Amend/Correct. . Document filed by Barak Eiliam, NICE Ltd. (Garland, David)
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Filing 30
PLAINTIFF'S MOTION FOR LEAVE TO AMEND & SUPPLEMENT COMPLAINT; AND JOINDER OF ADDITIONAL DEFENDANTS. Document filed by Peter Rinaldi. (Attachments: #1 Proposed Amended Complaint)(sc)
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Mailed a copy of #28 Order on Motion to Remand to State Court, to Peter Rinaldi 201 E. 12th Street #323 New York, NY 10003. (aea)
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Filing 29
ORDER: It is hereby ORDERED that if Plaintiff seeks leave to amend the Complaint, he shall file a proposed Amended Complaint by March 7, 2019. If Defendants oppose the amendments, they shall file a joint letter by March 12, 2019, stating the reasons therefor. (As further set forth in this Order.) (Amended Pleadings due by 3/7/2019.) (Signed by Judge Lorna G. Schofield on 3/1/2019) (cf)
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Filing 28
ORDER denying #7 Motion to Remand to State Court. It is hereby ORDERED that Plaintiff's motion to remand is DENIED. (As further set forth in this Order.) Because Defendants have met their burden to demonstrate that the Court has original jurisdiction pursuant to 1332, Plaintiff's motion to remand is denied. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff and to close the motion at Docket No. 7. (Signed by Judge Lorna G. Schofield on 3/1/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter, filed by Peter Rinaldi. ENDORSEMENT: Plaintiff's application for leave to file this surreply in further opposition to Defendant's motion to dismiss is GRANTED. The motion to dismiss and motion to remand are now fully briefed. It is ORDERED that the parties shall not file any further briefing regarding these motions. The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 2/26/2019) (jwh) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #27 Memo Endorsement, to Peter Rinaldi 201 E. 12th Street #323 New York, NY 10003. (aea)
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Filing 26
LETTER addressed to Judge Lorna G. Schofield from P. Rinaldi, dated 2/22/19 re: Plaintiff requests that the Court grant leave to file this letter in further support of his opposition to Defendant's Motion to Dismiss; and the Plaintiff writes that he would like to settle this case and has only asked for about two years commission, time spent on this case and Healthcare. Document filed by Peter Rinaldi.(sc)
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Filing 25
LETTER addressed to Judge Lorna G. Schofield from David W. Garland dated February 15, 2019 re: Defendants Reply in Further Support of their Motion to Dismiss (Dkt. #9) and in response to Plaintiff's Opposition to the Motion (Dkt. #24). Document filed by Barak Eiliam, NICE Ltd.(Garland, David)
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Filing 24
RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PURS. TO 12(b)(2),(5)(6), re: #9 MOTION to Dismiss the Complaint. Document filed by Peter Rinaldi. (sc)
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Filing 23
ORDER: WHEREAS, Plaintiff's motion to remand is fully briefed (Dkt. Nos. 7, 15 & 17). It is hereby ORDERED that no further briefing is necessary and Defendants need not file the response letter previously due February 8, 2019. (Signed by Judge Lorna G. Schofield on 2/7/2019) (cf)
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Filing 22
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION TO DEFENDANT, NICE LTD, BARAK EILAM.(Page No. 7 not numbered in document).Document filed by Peter Rinaldi.(sc)
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Filing 21
LETTER from Peter Rinaldi, re: (LETTER TO COURT) - Plaintiff Richard Rinaldi writes that Richard Malish reached out to him asking for a settlement figure; that Plaintiff proposed a figure with no knowledge of the Fourth Quarter sales in 2018; and that the plaintiff has requested Employee file, Employee Manual, Sales numbers for 2018, and has been ignored. Document filed by Peter Rinaldi.(sc)
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Filing 20
ORDER: Initial Conference set for 4/4/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 2/4/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #20 Order for Initial Pretrial Conference, to Peter Rinaldi 201 E. 12th Street #323 New York, NY 10003. (aea)
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Filing 19
MEMO ENDORSED ORDER granting #6 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. (Signed by Judge Lorna G. Schofield on 2/1/19) (yv)
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Filing 18
ORDER: ORDERED that by February 8, 2019, Plaintiff shall file a response letter to Defendants' motion to dismiss in accordance with Individual Rules III.A.1 and III.C.2. It is further ORDERED that by February 8, 2019, Defendants shall file a response letter to Plaintiffs motion to remand in accordance with Individual Rule III.A.1. (As further set forth in this Order.) (Responses due by 2/8/2019) (Signed by Judge Lorna G. Schofield on 2/1/2019) (cf)
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Filing 17
REPLY TO OPPOSITION OF PLAINTIFF'S MOTION TO REMAND; re: #15 Memorandum of Law in Opposition to Motion. Document filed by Peter Rinaldi. (sc)
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Filing 16
CERTIFICATE OF SERVICE of Defendnats' Memorandum of Law in Opposition to Plaintiff's Motion to Remand Case to State Court served on Peter Rinaldi on January 31, 2019. Service was made by Federal Express Standard Overnight and by first class mail. Document filed by Barak Eiliam, NICE Ltd. (Faherty, Carol)
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Filing 15
MEMORANDUM OF LAW in Opposition re: #7 MOTION to Remand to State Court. . Document filed by Barak Eiliam, NICE Ltd. (Garland, David)
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Filing 14
CERTIFICATE OF SERVICE of Individual Rules and Procedures for Civil Cases of Judge Lorna G. Schofield served on Peter Rinaldi on January 29, 2019. Service was made by Mail. Document filed by Barak Eiliam, NICE Ltd. (Faherty, Carol)
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Colleen McMahon is no longer assigned to the case. (ad)
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Filing 13
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration of Gilad Karni, Declaration of David W. Garland, Esq., and Memorandum of Law in Support of Motion to Dismiss served on Peter Rinaldi on January 22, 2019. Service was made by Federal Express Standard Overnight and by first class mail. Document filed by Barak Eiliam, NICE Ltd. (Faherty, Carol)
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Filing 12
MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss the Complaint. . Document filed by Barak Eiliam, NICE Ltd. (Garland, David)
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Filing 11
DECLARATION of Gilad Karni in Support re: #9 MOTION to Dismiss the Complaint.. Document filed by Barak Eiliam, NICE Ltd. (Garland, David)
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Filing 10
DECLARATION of David G. Garland in Support re: #9 MOTION to Dismiss the Complaint.. Document filed by Barak Eiliam, NICE Ltd. (Attachments: #1 Exhibit A - Summons and Complaint filed by plaintiff Peter Rinaldi in the Supreme Court for the State of New York, County of New York, on December 4, 2018, #2 Exhibit B - offer letter of employment from Actimize Inc. to Rinaldi, dated April 3, 2017, #3 Exhibit C - Affidavit of Service of the Summons and Complaint upon NICE Ltd., dated December 18, 2018)(Garland, David)
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Filing 9
MOTION to Dismiss the Complaint. Document filed by Barak Eiliam, NICE Ltd.(Garland, David)
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Filing 8
CERTIFICATE OF SERVICE of Notice of Removal, Notice of Filing of a Notice of Removal, the Civil Cover Sheet, Individual Practices Rules of Judge Colleen McMahon, Individual Practice Rules of Magistrate Judge Kevin N. Fox and the Electronic Case Filing Rules & Instructions for the U.S. District Court for the Southern District of New York served on Peter Rinaldi on January 16, 2019. Service was made by Mail. Document filed by Barak Eiliam, NICE Ltd. (Attachments: #1 Certificate of Service)(Faherty, Carol)
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Filing 7
PLAINTIFF'S MOTION TO REMAND; re: to Remand to State Court. Document filed by Peter Rinaldi.(sc)
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Filing 6
MOTION FOR PERMISSIOH FOR ELECTRONIC CASE FILING; re: for Permission for Peter Rinaldi to participate in electronic case filing in this case. Document filed by Peter Rinaldi.(sc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carol J. Faherty. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (pc)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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)
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Case Designated ECF. (pc)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NICE Ltd.(Garland, David)
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Filing 4
NOTICE OF APPEARANCE by Carol J. Faherty on behalf of Barak Eiliam, NICE Ltd. (Faherty, Carol)
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Filing 3
NOTICE OF APPEARANCE by David Wayne Garland on behalf of Barak Eiliam, NICE Ltd. (Garland, David)
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Filing 2
CIVIL COVER SHEET filed. (Garland, David)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161357/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-16193770).Document filed by Barak Eiliam, NICE Ltd. (Attachments: #1 Exhibit A - State Court Summons and Complaint)(Garland, David)
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