Doran et al v. Tne New Yorker Hotel Management Company, Inc. et al
| Noel Collesso, Miguel Aquino, Felix Tejada, Tomas Castaneda, Andrew Parnell, Juan Fernandez, Ruben Santiago, Baljiawan Mahabir, Victorino Ramirez, Phil Doran and Boris Shvatsman |
| MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc., The New Yorker Hotel Management Company, Inc. and MCR NYH Management LLC |
| 1:2020cv04311 |
| June 5, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 df |
| Plaintiff |
Docket Report
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| Filing 37 STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Phil Doran, Victorino Ramirez, Boris Shvatsman, Noel Collesso, Tomas Castaneda, Baljiawan Mahabir, Felix Tejada and Ruben Santiago, and defendants The New Yorker Hotel Management Company, Inc. and MCR NYH Management, LLC, by and through their undersigned counsel, that pursuant to FRCP 41(a)(1)(ii), all claims asserted herein are dismissed with prejudice in their entirety, without costs to any party as against the other. (Signed by Judge Edgardo Ramos on 4/20/2021) (cf) |
| Filing 36 STIPULATION OF DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Andrew Parnell, Miguel Aquino and Juan Fernandez, and defendants The New Yorker Hotel Management Company, Inc. and MCR NYH Management, LLC, by and through their undersigned counsel, that pursuant to FRCP 41(a)(1)(ii), all claims asserted herein are dismissed without prejudice in their entirety, without costs to any party as against the other. (Signed by Judge Edgardo Ramos on 4/20/2021) (cf) |
| Filing 35 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) The New Yorker Hotel Management Company, Inc., MCR NYH Management LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New Yorker Hotel Management Company, Inc., MCR NYH Management LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Susman, Dana) |
| Filing 34 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, without prejudice against the defendant(s) The New Yorker Hotel Management Company, Inc., MCR NYH Management LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New Yorker Hotel Management Company, Inc., MCR NYH Management LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Susman, Dana) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #35 Stipulation of Voluntary Dismissal #34 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 33 NOTICE OF CHANGE OF ADDRESS by Dana Michelle Susman on behalf of MCR Development, LLC, The New Yorker Hotel Management Company, Inc.. New Address:..(Susman, Dana) |
| Filing 32 AMENDED ANSWER to. Document filed by MCR NYH Management LLC, The New Yorker Hotel Management Company, Inc...(Sabin, Jonathan) |
| Filing 31 FIRST LETTER MOTION for Extension of Time to Amend Pleadings addressed to Judge Edgardo Ramos from Dana Susman dated 1/7/21. Document filed by MCR NYH Management LLC, The New Yorker Hotel Management Company, Inc...(Sabin, Jonathan) |
Filing 30
AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Amended Pleadings due by 1/8/2021. Joinder of Parties due by 1/8/2021. Non-expert depositions shall be completed by 4/23/2021. Expert depositions shall be completed by 5/6/2021. All Discovery due by 5/5/2021. Case Management Conference set for 5/12/2021 at 03:30 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 11/6/2020) (mro)
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Filing 29
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Amended Pleadings due by 1/8/2021. Joinder of Parties due by 1/8/2021. Non-expert depositions shall be completed by 4/23/2021. Expert depositions shall be completed by 5/6/2021. All Discovery due by 5/5/2021. Case Management Conference set for 5/12/2021 at 04:00 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 11/5/2020) (mro)
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 11/5/2020. Plaintiffs' and Defendants' counsel present. The parties will engage in private mediation. Case management plan signed. A case management conference will be held on May 12, 2021, at 3:30 p.m. (jar) |
| Filing 28 PROPOSED SCHEDULING ORDER. Document filed by Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Gallaway, Brett) |
| Filing 27 RESCHEDULING NOTICE: Initial Conference set for 11/5/2020 at 11:15 AM before Judge Edgardo Ramos. The initial conference previously scheduled for October 28, 2020, is hereby rescheduled for November 5, 2020 at 11:15 a.m. The conference will occur remotely and by telephone. The parties are directed to call the Court at (877) 411-9748; Access Code: 3029857. (mro) Modified on 10/19/2020 (mro). |
| Set/Reset Hearings: Initial Conference set for 10/28/2020 at 10:30 AM before Judge Edgardo Ramos. (jar) |
| DOCKET ANNOTATION: Rescheduling Notice - The initial pretrial conference previously scheduled for 11:30 a.m. on October 28, 2020, is hereby rescheduled for 10:30 a.m. on October 28. (jar) |
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Filing 26
STIPULATED ORDER REGARDING THE PRODUCTION OF DISCOVERY MATERIAL: Plaintiffs and defendants The New Yorker Hotel Management Company, Inc. ("NYHMC") and MCR NYH Management, LLC ("MCR") (collectively, "Defendants") hereby stipulate and agree to this Stipulation Regarding the Production of Discovery Material ("Protocol") setting forth the specifications that shall govern document production during discovery in the above-captioned action, pursuant to the provisions of Rule 34 of the Federal Rules of Civil Procedure permitting the parties to specify the form or forms in which documents are to be produced. And as set forth herein. (Signed by Judge Edgardo Ramos on 10/05/2020) (ama)
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| Filing 25 PROPOSED STIPULATION AND ORDER. Document filed by MCR NYH Management LLC, The New Yorker Hotel Management Company, Inc...(Sabin, Jonathan) |
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Filing 24
STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Edgardo Ramos on 10/5/2020) (va)
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| Filing 23 NOTICE OF INITIAL COURT CONFERENCE: Counselshould call the Court at (877) 411-9748 and use access code 3029857. (And as further set forth herein.) Initial Conference set for 10/28/2020 at 11:30 AM before Judge Edgardo Ramos. (jca) |
| Filing 22 PROPOSED PROTECTIVE ORDER. Document filed by MCR NYH Management LLC, The New Yorker Hotel Management Company, Inc...(Sabin, Jonathan) |
| Filing 21 NOTICE OF APPEARANCE by Oliver Marcus Phillipson on behalf of Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Phillipson, Oliver) |
| Filing 20 ANSWER to #16 Amended Complaint,. Document filed by MCR NYH Management LLC, The New Yorker Hotel Management Company, Inc...(Susman, Dana) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New Yorker Hotel Management Company, Inc...(Susman, Dana) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MCR Development, LLC, MCR NYH Management LLC..(Susman, Dana) |
| Filing 17 EXHIBIT TO PLEADING re: #16 Amended Complaint,. Document filed by Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Gallaway, Brett) |
| Filing 16 AMENDED COMPLAINT amending #9 Complaint, against Tne New Yorker Hotel Management Company, Inc., MCR NYH Management LLC with JURY DEMAND.Document filed by Andrew Parnell, Ruben Santiago, Boris Shvatsman, Tomas Castaneda, Baljiawan Mahabir, Victorino Ramirez, Juan Fernandez, Noel Collesso, Phil Doran, Miguel Aquino, Felix Tejada. Related document: #9 Complaint,..(Gallaway, Brett) |
| Filing 15 STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel representing the above-referenced parties, as follows: 1. The Parties consent to have the pleadings amended to reflect that MCRNYH Management LLC will be substituted for MCR Development, LLC as defendant and that Plaintiff will file such amended pleading by July 15, 2020; 2. Undersigned counsel agrees to accept service on behalf of both New Yorker Hotel Management Company, Inc. and MCR NYH Management LLC; 3. The time for both New Yorker Hotel Management Company, Inc. and MCR NYH Management LLC to answer, move or otherwise respond to the amended complaint is extended up to and including July 24, 2020, and no response to the current complaint is necessary. ( Amended Pleadings due by 7/15/2020.) (Signed by Judge Edgardo Ramos on 7/2/2020) (mro) |
| Filing 14 NOTICE OF APPEARANCE by Jonathan M Sabin on behalf of MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc...(Sabin, Jonathan) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Dana M. Susman, Esq. dated July 2, 2020. Document filed by MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc...(Susman, Dana) |
| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc...(Susman, Dana) |
| Filing 11 NOTICE OF APPEARANCE by Dana Michelle Susman on behalf of MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc...(Susman, Dana) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. Tne New Yorker Hotel Management Company, Inc. served on 6/10/2020, answer due 7/1/2020. Service was accepted by Ray Gronau, Authorized to Accept. Document filed by Andrew Parnell; Ruben Santiago; Boris Shvatsman; Tomas Castaneda; Baljiawan Mahabir; Victorino Ramirez; Juan Fernandez; Noel Collesso; Phil Doran; Miguel Aquino; Felix Tejada..(Gallaway, Brett) |
| Filing 9 COMPLAINT against MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc.. Document filed by Andrew Parnell, Ruben Santiago, Boris Shvatsman, Tomas Castaneda, Baljiawan Mahabir, Victorino Ramirez, Juan Fernandez, Noel Collesso, Phil Doran, Miguel Aquino, Felix Tejada..(Gallaway, Brett) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Tne New Yorker Hotel Management Company, Inc...(pne) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to MCR Development, LLC..(pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brett Reed Gallaway to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason(s): the pleading was not signed by the filing attorney. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) |
| Filing 6 NOTICE OF APPEARANCE by Jason Scott Giaimo on behalf of Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Giaimo, Jason) |
| Filing 5 NOTICE OF APPEARANCE by Lee Scott Shalov on behalf of Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Shalov, Lee) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MCR Development, LLC, re: #1 Complaint,. Document filed by Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Gallaway, Brett) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to The New Yorker Hotel Management Company, Inc., re: #1 Complaint,. Document filed by Miguel Aquino, Tomas Castaneda, Noel Collesso, Phil Doran, Juan Fernandez, Baljiawan Mahabir, Andrew Parnell, Victorino Ramirez, Ruben Santiago, Boris Shvatsman, Felix Tejada..(Gallaway, Brett) |
| Filing 2 CIVIL COVER SHEET filed..(Gallaway, Brett) |
| Filing 1 FILING ERROR - SIGNATURE ERROR - COMPLAINT against MCR Development, LLC, Tne New Yorker Hotel Management Company, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20131066)Document filed by Andrew Parnell, Ruben Santiago, Boris Shvatsman, Tomas Castaneda, Baljiawan Mahabir, Victorino Ramirez, Juan Fernandez, Noel Collesso, Phil Doran, Miguel Aquino, Felix Tejada. (Attachments: #1 Exhibit 1 Doran Severance Agreement).(Gallaway, Brett) Modified on 6/8/2020 (pne). |
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