Amley v. Sumitomo Mitsui Banking Corporation
| 1:2019cv03777 |
| August 12, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 fm Fed. Question: Family and Medical Leave Act |
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The following documents for this case are available for you to view or download:
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Filing
149
ORDER terminating 137 Motion for Sanctions. Excellent news. I will tell Judge Moses. 30 day stay of action pending settlement.. (Signed by Judge Colleen McMahon on 2/2/2022) (kv)
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Filing
146
MEMORANDUM AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re: 82 MOTION for Summary Judgment . filed by Sumitomo Mitsui Banking Corporation, 73 F IRST MOTION for Partial Summary Judgment . filed by Ted Amley, 80 LETTER MOTION to Seal addressed to Judge Colleen McMahon from Benjamin Suess dated 2.22.21. filed by Ted Amley. Defendant's motion for summary judgment is granted with respect to Counts I, II, III, V, and VI. Those counts are dismissed with prejudice. Defendant's motion for summary judgment on Count IV is denied. This constitutes a written opinion. The Clerk of Court is directed to close the motions at Dkts. 73, 80 and 82. (Signed by Judge Colleen McMahon on 9/27/2021) (kv)
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Filing
125
ORDER granting 84 Letter Motion to Seal. You may file originals under seal, but provide a copy to the court. You have 10 days to file redacted copies of all documents publicly since I doubt every word in all of these documents is a privileged communication. (Signed by Judge Colleen McMahon on 4/8/2021) (nb)
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Filing
67
ORDER granting 61 Motion to Compel: Accordingly, it is hereby ORDERED that defendant's motion (Dkt. No. 61) to compel Dr. Mei to comply with its subpoena is GRANTED. Defendant shall promptly serve this Order on Dr. Mei and file proof of serv ice of the same. Dr. Mei shall produce the documents sought by defendant's subpoena, to the extent dated on or after January 1, 2016, within two weeks (14 days) of the date on which she is served with a copy of this Order. Failure to comply with this Order may result in a significant sanctions. Among other things, the Court "may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or any order related to it." Fed. R. Civ. P. 45(g). The Clerk of Court is respectfully directed to close the motion at Dkt. No. 61. (Signed by Magistrate Judge Barbara C. Moses on 1/21/2021) (jwh)
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Filing
65
ORDER: Defendant has moved for an order compelling non-party Dr. Margaret Mei to comply with a subpoena duces tecum first served on her on September 23, 2020. (Dkt. Nos. 61-63.) Defendant's motion papers do not include any proof of service of those papers upon her, as required by Fed. R. Civ. P. 45(d)(2)(B)(i). Defendant shall promptly serve its motion papers on Dr. Mei, together with a copy of this Order, and file proof of service of the same. Dr. Mei's papers in opposition to the motion to compel (or a statement of non-opposition) shall be due three (3) business days after such service is effected. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/6/2021) (jca)
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Filing
59
ORDER with respect to 58 Letter Motion for Discovery. Defendant shall respond to plaintiff's letter-motion no later than January 5, 2021. The response shall be limited to two pages. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/4/2021) (jca)
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Filing
55
ORDER re: 51 Letter, filed by Sumitomo Mitsui Banking Corporation: The requests are GRANTED to the extent that: (1) the Court will separately execute the parties' consent order; (2) Dkt. No. 40-21 shall be placed under seal; and (3) the d eadline to move for summary judgment or if there are no summary judgment motions, to file the parties' Joint Pretrial Order is hereby EXTENDED to thirty (30) days following the close of all discovery. The Clerk of Court is respectfully directed to modify the viewing level of Dkt. No. 40-21 to applicable parties, permitting access only by the Court, plaintiff Ted Amley, and defendant Sumitomo Mitsui Banking Corporation. (Signed by Magistrate Judge Barbara C. Moses on 12/17/2020) (jwh)
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Filing
48
ORDER granting in part and denying in part 40 Letter Motion for Discovery. If the parties are unable to resolve the privilege issues amongst themselves, letter-motions seeking judicial resolution of such issues shall be filed no later than Decem ber 21, 2020. Opposition letters shall be filed no later than December 24, 2020.2 Reply letters, if any, shall be filed no later than December 28, 2020. The Court therefore modifies its prior scheduling order to permit the parties to reschedule pla intiff's deposition for a mutually convenient date or dates in January 2021, subject to the fact discovery cutoff of January 22, 2021, which remains in effect. The parties' respective letter-motions seeking orders compelling discovery and /or protective orders are GRANTED IN PART and DENIED IN PART to the extent set forth above. Dkt. No. 45 shall remain under seal at the ex parte viewing level. The Clerk of Court is respectfully directed to modify the viewing level of Dkt. Nos. 40-1 7, 40-18, and 40-19 to applicable parties, permitting access only by the Court, plaintiff Ted Amley, and defendant Sumitomo Mitsui Banking Corporation, and to close the motion at Dkt. No. 40. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/8/2020) (cf)
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Filing
42
ORDER: The Court has received plaintiff's five-page letter-motion dated November 24, 2020 (Dkt. No. 40) (Pl. Ltr.), requesting an order compelling discovery, a protective order, and associated relief. Pl. Ltr. at 1. Plaintiff failed to compl y with, or seek advance permission to exceed, the four-page limit for letters and letter-motions. See Moses Indiv. Prac. § 1(d). Defendant's opposition letter, due today, may be up to five pages in length, but no longer. Any future non-c ompliance with Judge Moses's Individual Practices may be sanctioned. The Court has also received the parties' joint letter dated November 25, 2020. (Dkt. No. 41.) The parties should be prepared to discuss the need for expert discovery at the conference scheduled for December 7, 2020, at 10:00 a.m. (Signed by Magistrate Judge Barbara C. Moses on 12/2/2020) (cf)
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Filing
27
OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO FILE AN AMENDED ANSWER re: 16 MOTION to Amend/Correct . filed by Sumitomo Mitsui Banking Corporation., Sumitomo Mitsui Banking Corporation answer due 10/2/2020. For the foregoing reasons, Defendants motion to amend (Doc. No. 16) is GRANTED, and any motion by the Plaintiff in opposition is DENIED. The clerk of the court is directed to close the open motion at Doc. No. 16. No later than October 2, 2020, Defendant is directed to file a First Amended Answer that is consistent with the terms of this order, and identical to the Amended Answer filed with the court in this motion in Doc No. 18-1. (Signed by Judge Colleen McMahon on 9/23/2020) BY ECF TO ALL PARTIES (kv)
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Filing
26
STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 9/10/2020) (mml)
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Filing
23
ORDER granting 21 Letter Motion for Extension of Time to File. Granted. (Signed by Judge Colleen McMahon on 8/12/2020) (cf)
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