O'Brien v. Finkel
Julie K O'Brien |
Stuart Finkel |
1:2019cv10488 |
November 12, 2019 |
US District Court for the Southern District of New York |
J Paul Oetken |
P.I.: Other |
28 U.S.C. § 1332 pi |
Plaintiff |
Docket Report
This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 59 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Stuart Finkel and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Julie K O'Brien. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Karlinsky, Martin) |
Filing 58 ORDER granting #57 Letter Motion for Extension of Time GRANTED. THE ACTION IS HEREBY STAYED UNTIL FEBRUARY 19, 2021. THE PARTIES ARE DIRECTED TO FILE THEIR SETTLEMENT AGREEMENT BY THAT DATE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nl) |
Filing 57 LETTER MOTION for Extension of Time Extend Stay-File Dismissal addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated February 12, 2021. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 56 ORDER granting #55 Letter Motion to Stay. GRANTED. THE ACTION IS HEREBY STAYED UNTIL FEBRUARY 12, 2021. THE PARTIES ARE DIRECTED TO FILE THEIR SETTLEMENT AGREEMENT BY THAT DATE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (nl) |
Filing 55 LETTER MOTION to Stay Continue Stay and File Dismissal addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated January 15, 2021. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 54 ORDER granting #53 Letter Motion to Stay: GRANTED. THE ACTION IS HEREBY STAYED UNTIL JANUARY 15, 2021. THE PARTIES ARE DIRECTED TO FILE THEIR SETTLEMENT AGREEMENT OR, IN THE ALTERNATIVE, A JOINT STATUS UPDATE BY THAT DATE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 53 LETTER MOTION to Stay Continue Stay addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated December 18, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 52 ORDER granting #51 Letter Motion to Stay: GRANTED. THE ACTION IS HEREBY STAYED UNTIL DECEMBER 18, 2020. THE PARTIES ARE DIRECTED TO FILE THEIR SETTLEMENT AGREEMENT OR, IN THE ALTERNATIVE, A JOINT STATUS UPDATE BY THAT DATE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 51 FIRST LETTER MOTION to Stay Pending Preparation and Drafting of Settlement Agreement addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated November 19, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 50 ORDER granting #49 Letter Motion to Stay: GRANTED. THIS ACTION IS HEREBY STAYED UNTIL NOVEMBER 20, 2020. THE PARTIES ARE DIRECTED TO FILE A JOINT LETTER UPDATING THE COURT AS TO THE STATUS OF THE ACTION BY THAT DATE. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE SECOND AMENDED COMPLAINT BY DECEMBER 11, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 49 JOINT LETTER MOTION to Stay Pending Settlement Discussions addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated October 30, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 48 ORDER granting #47 Letter Motion to Stay. GRANTED. THIS ACTION IS HEREBY STAYED UNTIL OCTOBER 30, 2020. THE PARTIES ARE DIRECTED TO FILE A JOINT LETTER UPDATING THE COURT AS TO THE STATUS OF THE ACTION ON THAT DATE. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE SECOND AMENDED COMPLAINT BY NOVEMBER 20, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh) |
Filing 47 FIRST LETTER MOTION to Stay Action Pending Private Mediation (Joint Motion) addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated August 17, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 46 SECOND AMENDED COMPLAINT amending #17 Amended Complaint against Stuart Finkel with JURY DEMAND.Document filed by Julie K O'Brien. Related document: #17 Amended Complaint..(Karlinsky, Martin) |
Set/Reset Deadlines: Stuart Finkel answer due 9/1/2020. (js) |
***DELETED DOCUMENT. Deleted document number #46 ORDER. The document was incorrectly filed in this case. (rro) |
Filing 45 ORDER denying as moot #41 Letter Motion for Extension of Time; denying as moot #19 Motion to Dismiss. Accordingly, if Plaintiff still wishes to amend her complaint, the Court directs Plaintiff to file a second amended complaint by August 11, 2020. Defendant will then have until September 1, 2020, to answer or otherwise respond to the complaint. The Clerk of Court is directed to close the motions at Docket Numbers 19 and 41 as moot. So Ordered. (Signed by Judge J. Paul Oetken on 8/4/2020) (js) |
Set/Reset Deadlines: Stuart Finkel answer due 9/1/2020. Amended Pleadings due by 8/11/2020. (js) |
Filing 44 ORDER granting #18 Letter Motion for Extension of Time: GRANTED NUNC PRO TUNC. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 43 ORDER denying as moot #13 Motion to Dismiss: DENIED AS MOOT IN LIGHT OF THE FILING OF AMENDED COMPLAINT. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) |
Filing 42 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Thomas W. Dollar dated 07/30/2020 re: #41 FIRST LETTER MOTION for Extension of Time to File Motion for Reconsideration (Local Civil Rule 6.3) addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated July 29, 2020. . Document filed by Stuart Finkel..(Dollar, Thomas) |
Filing 41 FIRST LETTER MOTION for Extension of Time to File Motion for Reconsideration (Local Civil Rule 6.3) addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated July 29, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 40 NOTICE OF APPEARANCE by Stephanie R. Feldman on behalf of Julie K O'Brien..(Feldman, Stephanie) |
Filing 39 ORDER denying #33 Motion to Amend/Correct. Accordingly, the Court denies leave to amend. See id. (collecting cases). The Clerk of Court is directed to close the motion at Docket Number 33. So Ordered. (Signed by Judge J. Paul Oetken on 7/15/2020) (js) |
Filing 38 LETTER addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated April 27, 2020 re: Transmittal of Courtesy Copy re Motion to Dismiss. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin E Karlinsky to RE-FILE re: Document No. #37 Amended Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; 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 and select the drop down SECOND - attach the correct signed 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. (pc) Modified on 5/29/2020 (gp). |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Martin E Karlinsky to RE-FILE Document #29 MOTION to Dismiss Transmittal Letter with Courtesy Copy of Opp. Memorandum. Use the event type Letter found under the event list Other Documents. (ldi) |
Filing 37 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - AMENDED COMPLAINT amending #17 Amended Complaint against Stuart Finkel with JURY DEMAND.Document filed by Julie K O'Brien. Related document: #17 Amended Complaint..(Karlinsky, Martin) Modified on 5/29/2020 (pc). |
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Martin E Karlinsky to RE-FILE re: Document No. #36 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; remove the word 'Proposed'; the wrong event type was used to file the pleading; 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 - attach the correct signed 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 36 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCEPROPOSED AMENDED COMPLAINT amending #17 Amended Complaint against Stuart Finkel with JURY DEMAND.Document filed by Julie K O'Brien. Related document: #17 Amended Complaint..(Karlinsky, Martin) Modified on 5/22/2020 (pne). |
Filing 35 MEMORANDUM OF LAW in Support re: #33 MOTION to Amend/Correct File Second Amended Complaint. . Document filed by Julie K O'Brien. (Attachments: #1 Exhibit Exh A Second Circuit Slip Op).(Karlinsky, Martin) |
Filing 34 DECLARATION of Martin E. Karlinsky in Support re: #33 MOTION to Amend/Correct File Second Amended Complaint.. Document filed by Julie K O'Brien. (Attachments: #1 Exhibit Exh A - Proposed Second Amended Complaint, #2 Exhibit Exh B Redline Version of Second Amended Complaint, #3 Exhibit Exh C Email of transmission to adversry).(Karlinsky, Martin) |
Filing 33 MOTION to Amend/Correct File Second Amended Complaint. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Martin E Karlinsky to RE-FILE Document #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Martin E Karlinsky to RE-FILE Document #25 FIRST MOTION to Amend/Correct Plaintiff's Memorandum in Support of Motion for Leave to File Second Amended Complaint. Use the event type Memorandum in Support of Motion found under the event list Replies, Oppositions and Supporting Documents. (db) |
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Martin E Karlinsky to RE-FILE Document #26 MOTION to Amend/Correct #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. Corrected Exhibit B. Use the event type Amended Complaint found under the event list Complaints and Other Initiating Documents. (db) |
Filing 32 LETTER addressed to Judge J. Paul Oetken from MARTIN E. KARLINSKY dated May 12, 2020 re: Courtesy Copies. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 31 REPLY MEMORANDUM OF LAW in Support re: #25 FIRST MOTION to Amend/Correct Plaintiff's Memorandum in Support of Motion for Leave to File Second Amended Complaint., #26 MOTION to Amend/Correct #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. Corrected Exhibit B., #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. . Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 30 MEMORANDUM OF LAW in Opposition re: #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. . Document filed by Stuart Finkel..(Dollar, Thomas) |
Filing 29 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Transmittal Letter with Courtesy Copy of Opp. Memorandum. Document filed by Julie K O'Brien..(Karlinsky, Martin) Modified on 5/29/2020 (ldi). |
Filing 28 FIRST REPLY MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. . Document filed by Stuart Finkel..(Valentino, James) |
Filing 27 NOTICE OF APPEARANCE by Thomas William Dollar on behalf of Stuart Finkel..(Dollar, Thomas) |
Filing 26 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Amend/Correct #24 FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. Corrected Exhibit B. Document filed by Julie K O'Brien..(Karlinsky, Martin) Modified on 5/21/2020 (db). |
Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Amend/Correct Plaintiff's Memorandum in Support of Motion for Leave to File Second Amended Complaint. Document filed by Julie K O'Brien. (Attachments: #1 Exhibit Second Circuit Slip Op.).(Karlinsky, Martin) Modified on 5/21/2020 (db). |
Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct First Amended Complaint/File Second Amended Complaint. Document filed by Julie K O'Brien. (Attachments: #1 Affidavit Declaration in Support of Motion, #2 Exhibit Proposed Second Amended Complaint, #3 Exhibit Redline of Proposed Amended Complaint vs. Existing Amended Complaint, #4 Exhibit Email).(Karlinsky, Martin) Modified on 5/21/2020 (db). |
Filing 23 FIRST REPLY MEMORANDUM OF LAW in Opposition re: #19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. . Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 22 ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply re #19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. Responses due by 4/13/2020 Replies due by 4/24/2020. GRANTED. PLAINTIFF SHALL FILE OPPOSITION PAPERS ON OR BEFORE APRIL 13, 2020. DEFENDANT SHALL FILE A REPLY, IF ANY, ON OR BEFORE APRIL 24, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac) |
Filing 21 LETTER MOTION for Extension of Time to File Response/Reply as to #20 Memorandum of Law in Support of Motion, #19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated March 17, 2020. Document filed by Julie K O'Brien..(Karlinsky, Martin) |
Filing 20 FIRST MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. . Document filed by Stuart Finkel..(Valentino, James) |
Filing 19 FIRST MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT. Document filed by Stuart Finkel..(Valentino, James) |
Filing 18 FIRST LETTER MOTION for Extension of Time to respond to the Amended Complaint addressed to Magistrate Judge Sarah L. Cave from James F. Valentino dated 02/21/2020. Document filed by Stuart Finkel..(Valentino, James) |
Filing 17 AMENDED COMPLAINT amending #1 Complaint against Stuart Finkel with JURY DEMAND.Document filed by Julie K O'Brien. Related document: #1 Complaint..(Karlinsky, Martin) |
Filing 16 ORDER granting #15 Letter Motion for Extension of Time to File Response/Reply re #13 FIRST MOTION to Dismiss Plaintiff's Complaint. Responses due by 2/13/2020 Replies due by 3/9/2020. GRANTED. PLAINTIFF'S OPPOSITION PAPERS SHALL BE FILED ON OR BEFORE FEBRUARY 13, 2020. DEFENDANT'S REPLY PAPERS, IF ANY, SHALL BE FILED ON OR BEFORE MARCH 9, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac) |
Filing 15 LETTER MOTION for Extension of Time to File Response/Reply as to #13 FIRST MOTION to Dismiss Plaintiff's Complaint., #14 Memorandum of Law in Support of Motion addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated January 23, 2020. Document filed by Julie K O'Brien.(Karlinsky, Martin) |
Filing 14 MEMORANDUM OF LAW in Support re: #13 FIRST MOTION to Dismiss Plaintiff's Complaint. . Document filed by Stuart Finkel. (Valentino, James) |
Filing 13 FIRST MOTION to Dismiss Plaintiff's Complaint. Document filed by Stuart Finkel.(Valentino, James) |
Filing 12 LETTER addressed to Judge J. Paul Oetken from Martin E. Karlinsky dated December 30, 2019 re: Indi. Document filed by Julie K O'Brien.(Karlinsky, Martin) |
Filing 11 ORDER granting #9 Letter Motion for Extension of Time to Answer Stuart Finkel answer due 1/13/2020. GRANTED. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE JANUARY 13, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac) |
Filing 10 NOTICE OF APPEARANCE by Isabelle A. Kirshner on behalf of Stuart Finkel. (Kirshner, Isabelle) |
Filing 9 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Magistrate Judge Sarah L. Cave from James F. Valentino dated 12/5/2019. Document filed by Stuart Finkel.(Valentino, James) |
Filing 8 NOTICE OF APPEARANCE by James Francis Valentino on behalf of Stuart Finkel. (Valentino, James) |
Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Stuart Finkel served on 11/15/2019, answer due 12/6/2019. Service was accepted by Mrs. Finkel. Document filed by Julie K O'Brien. (Karlinsky, Martin) |
Filing 6 ELECTRONIC SUMMONS ISSUED as to Stuart Finkel. (dnh) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Martin E Karlinsky to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Duplicate Docket Entry; this summons was not issued because it was a duplicate docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
Filing 5 FILING ERROR - DUPLICATE DOCKET ENTRY -REQUEST FOR ISSUANCE OF SUMMONS as to Stuart Finkel, re: #1 Complaint. Document filed by Julie K O'Brien. (Karlinsky, Martin) Modified on 11/15/2019 (dnh). |
Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Stuart Finkel, re: #1 Complaint. Document filed by Julie K O'Brien. (Karlinsky, Martin) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne) |
Magistrate Judge Sarah L. Cave 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. (pne) |
Case Designated ECF. (pne) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Martin E Karlinsky to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the offical A.O. Summons form was completed by the attorney; court name contains a typographical error. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Martin E Karlinsky. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000 (MAXIMUM DOLLAR AMOUNT ACCEPTED ON CM ECF); the County code has been modified to XX Out of State. (pne) |
Filing 3 CIVIL COVER SHEET filed. (Karlinsky, Martin) |
Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Stuart Finkel, re: #1 Complaint. Document filed by Julie K O'Brien. (Karlinsky, Martin) Modified on 11/13/2019 (pne). |
Filing 1 COMPLAINT against Stuart Finkel. (Filing Fee $ 400.00, Receipt Number ANYSDC-18041701)Document filed by Julie K O'Brien.(Karlinsky, Martin) |
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Plaintiff: Julie K O'Brien | |
Represented By: | Martin E Karlinsky |
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Defendant: Stuart Finkel | |
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