Europe v. Equinox Holdings, Inc. et al
Plaintiff: Rbynn Europe and Robynn Europe
Defendant: Equinox Holdings, Inc. d/b/a Equinox Fitness Club, Equinox East 92nd Street, Inc., Jose Taveras, Adam Gecht, Christopher Maltman and Equinox Holdings, Inc. doing business as Equinox Fitness Club
Case Number: 1:2020cv07787
Filed: September 22, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Referring Judge: Katharine H Parker
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 451
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2023 Opinion or Order Filing 193 ORDER granting #192 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 5/26/2023) (tg)
May 26, 2023 Opinion or Order Filing 192 LETTER MOTION for Extension of Time to File Plaintiffs application for attorneys fees and costs addressed to Judge John G. Koeltl from Hilary J. Orzick dated May 26, 2023. Document filed by Robynn Europe..(Orzick, Hilary)
May 26, 2023 Opinion or Order Set/Reset Deadlines: Motions due by 6/7/2023. (tg)
May 22, 2023 Opinion or Order Filing 191 MEMORANDUM OF LAW in Support re: #190 MOTION for Judgment as a Matter of Law . MOTION for New Trial . MOTION to Alter Judgment . . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
May 22, 2023 Opinion or Order Filing 190 MOTION for Judgment as a Matter of Law ., MOTION for New Trial ., MOTION to Alter Judgment . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
May 18, 2023 Opinion or Order Filing 189 JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable John G. Koeltl, United States District Judge, Plaintiff Robynn Europe has judgment in the sum of $1,250,000.00, plus $16,000.00 (pursuant to stipulation) for compensatory damages and $10,000,000.00 for punitive damages as against the defendants. So Ordered. (Signed by Judge John G. Koeltl on 5/18/2023) (mml)
May 17, 2023 Opinion or Order Filing 188 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge John G. Koeltl on 5/17/2023) (vfr)
May 16, 2023 Opinion or Order Filing 187 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/4/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
May 16, 2023 Opinion or Order Filing 186 TRANSCRIPT of Proceedings re: CONFERNECE held on 5/4/2023 before Judge John G. Koeltl. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2023. Redacted Transcript Deadline set for 6/16/2023. Release of Transcript Restriction set for 8/14/2023..(McGuirk, Kelly)
May 15, 2023 Opinion or Order Filing 185 ORDER: The Court has incorporated the parties' agreed-to changes to the charge and special verdict form on damages. The Court notes a few additional points: On page four of the charge, after consulting previous charges the Court has given, the Court did not change the instruction that "[y]ou may not award damages based on speculation." The Court does instruct on page six: "You may not award damages based on sympathy, speculation, or guesswork." The Court also slightly modified the instruction on nominal damages. The last paragraph of page six now reads (with new additions bolded): As further set forth in this Order. This expanded instruction is consistent with Sand 77-6 and other charges the Court has given. The Court also attaches a final version of the special verdict form. SO ORDERED. (Signed by Judge John G. Koeltl on 5/15/2023) (ks)
May 15, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial held on 5/15/2023. (Fletcher, Donnie)
May 14, 2023 Opinion or Order Filing 184 ORDER. In response to the parties' positions, the Court advises the parties as follows: 1. On Page 19 of the Charge, in connection with Hostile Work Environment, the Charge reads: "Fifth, for Equinox to be liable for the actions of an employee creating a hostile work environment, the plaintiff must prove that the employee was exercising managerial or supervisory responsibilities at Equinox; or that Equinox knew of the employee's conduct and either accepted it or failed to take immediate and appropriate corrective action." 2. In response to the parties' correspondence, ECF No. 182 and 183, and in accordance with the parties' agreement, the final sentence of Instruction 10 now reads: "In other words, it may not be inferred that, during the month of September 2019, the plaintiff's attendance record was worse than that of her coworkers." 3. The Court has not changed Instruction 7, as the defendants requested, to include a sentence that says a motivating factor is a "determining factor that actually led to a decision." That appears to be inconsistent with the mixed motives instruction in NY PJI 9:2 on which both parties rely and with the New York cases interpreting the New York City Human Rights Law. See, e.g., Melman v. Montefiore Med. Ctr., 946 N.Y.S.2d 27, 40 (App. Div. 2012) ("[T]he plaintiff should prevail in an action under the NYCHRL if he or she proves that unlawful discrimination was one of the motivating factors, even if it was not the sole motivating factor, for an adverse employment decision.") ( collecting cases). SO ORDERED. (Signed by Judge John G. Koeltl on 5/14/23) (yv)
May 14, 2023 Opinion or Order Filing 183 LETTER addressed to Judge John G. Koeltl from Susan Crumiller dated May 14, 2023 re: Jury Charge 10. Document filed by Robynn Europe..(Crumiller, Susan)
May 12, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial held on 5/12/2023. (Fletcher, Donnie)
May 12, 2023 Opinion or Order Filing 182 LETTER addressed to Judge John G. Koeltl from Greg Riolo & Jason A. Zoldessy dated May 12, 2023 re: Jury Charge 10. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
May 11, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial held on 5/11/2023. (Fletcher, Donnie)
May 10, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial held on 5/10/2023. (Fletcher, Donnie)
May 9, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Jury Trial begun on 5/9/2023. (Court Reporter Kelly Surina, Sam Mauro, Lisa Frankel) (Fletcher, Donnie)
May 9, 2023 Opinion or Order Filing 181 NOTICE of Defendants' Proposed Verdict Sheet (Damages). Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
May 8, 2023 Opinion or Order Filing 180 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Greg Riolo & Jason Zoldessy dated May 8, 2023 re: #179 LETTER MOTION for Conference Seeking Pre-trial Evidentiary Determination re Verbal Statements By Sabrina McGeary addressed to Judge John G. Koeltl from Hilary J. Orzick dated May 5, 2023. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
May 5, 2023 Opinion or Order Filing 179 LETTER MOTION for Conference Seeking Pre-trial Evidentiary Determination re Verbal Statements By Sabrina McGeary addressed to Judge John G. Koeltl from Hilary J. Orzick dated May 5, 2023. Document filed by Robynn Europe. (Attachments: #1 Exhibit Exhibit 1 - S. McGeary Deposition Subpoena and Affidavit of Service, #2 Exhibit Exhibit 2 - S. McGeary Trial Subpoena and Affidavit of Service, #3 Exhibit Exhibit 3 - Electronic Communication Between Plaintiff and McGeary).(Orzick, Hilary)
May 4, 2023 Opinion or Order Filing 178 JOINT PRETRIAL ORDER granting #157 Motion for Conference re: #157 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Susan K. Crumiller dated April 3, 2023. The patties having conferred among themselves and with the Court pursuant to Federal Rule of Civil Procedure 16, and pursuant to this Court's Individual Motion Practices and Rules IV(A), the following statements, directions and agreements are adopted as the Pretrial Order herein: as further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 5/4/2023) (ks)
May 3, 2023 Opinion or Order Filing 177 REQUEST TO CHARGE. Document filed by Robynn Europe..(Orzick, Hilary)
May 3, 2023 Opinion or Order Filing 176 JOINT PRELIMINARY TRIAL REPORT. Document filed by Robynn Europe..(Orzick, Hilary)
May 3, 2023 Opinion or Order Filing 175 PROPOSED JURY INSTRUCTIONS. Document filed by Robynn Europe..(Orzick, Hilary)
May 1, 2023 Opinion or Order Filing 174 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/5/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
May 1, 2023 Opinion or Order Filing 173 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/5/2023 before Judge John G. Koeltl. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/22/2023. Redacted Transcript Deadline set for 6/1/2023. Release of Transcript Restriction set for 7/31/2023..(McGuirk, Kelly)
April 25, 2023 Opinion or Order Filing 172 MEMORANDUM OPINION AND ORDER. The defendants' application to preclude the plaintiff from offering the medical records is denied. The Clerk is directed to close ECF Nos. 166 and 171. SO ORDERED. (Signed by Judge John G. Koeltl on 4/25/23) (yv)
April 25, 2023 Opinion or Order Filing 171 ***SELECTED PARTIES*** LETTER MOTION for Conference re: #166 LETTER MOTION for Conference ruling on time-sensitive evidentiary issue, or, in the alternative, adjournment of trial addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 20, 2023., #169 Response in Opposition to Motion, #170 Order, #167 Memo Endorsement, Set Deadlines,, addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 25, 2023. Document filed by Robynn Europe, Equinox East 92nd Street, Inc., Equinox Holdings, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Plaintiff's ICP Certified Medical Records)Motion or Order to File Under Seal: #170 .(Orzick, Hilary)
April 25, 2023 Opinion or Order Filing 170 ORDER: The plaintiff is directed to file a copy of her medical records with the Court by April 27, 2023. The plaintiff should file all such records under seal. SO ORDERED. (Signed by Judge John G. Koeltl on 4/25/2023) (vfr)
April 24, 2023 Opinion or Order Filing 169 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Jason A. Zoldessy dated April 24, 2023 re: #166 LETTER MOTION for Conference ruling on time-sensitive evidentiary issue, or, in the alternative, adjournment of trial addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 20, 2023. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
April 24, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Susan Crumiller re: Document #168 Proposed Order, was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions.. (km)
April 21, 2023 Opinion or Order Filing 168 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - PROPOSED ORDER. Document filed by Robynn Europe..(Crumiller, Susan) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/24/2023 (km).
April 21, 2023 Opinion or Order Filing 167 MEMO ENDORSEMENT on re: #166 LETTER MOTION for Conference ruling on time-sensitive evidentiary issue, or, in the alternative, adjournment of trial addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 20, 2023. filed by Robynn Europe. ENDORSEMENT: Defendant should respond to this letter by 4/24/2023. ( Responses due by 4/24/2023) (Signed by Judge John G. Koeltl on 4/20/2023) (ate)
April 20, 2023 Opinion or Order Filing 166 LETTER MOTION for Conference ruling on time-sensitive evidentiary issue, or, in the alternative, adjournment of trial addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 20, 2023. Document filed by Robynn Europe. (Attachments: #1 Affidavit Proposed Certification, Affidavit of ICP Director of Operations, Andrea Green Lewis, #2 Affidavit Affidavit of S. Ramkumar).(Orzick, Hilary)
April 19, 2023 Opinion or Order Filing 165 PROPOSED PRE-TRIAL ORDER. Document filed by Robynn Europe..(Orzick, Hilary)
April 19, 2023 Opinion or Order Filing 164 MEMO ENDORSEMENT granting #163 MOTION for Tracey R. Wallace to Withdraw as Attorney. ENDORSEMENT APPLICATION GRANTED SO ORDERED. Attorney Tracey Wallace terminated. (Signed by Judge John G. Koeltl on 4/19/2023) (jca)
April 18, 2023 Opinion or Order Filing 163 MOTION for Tracey R. Wallace to Withdraw as Attorney . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
April 14, 2023 Opinion or Order Filing 162 ORDER: The firm trial date is now confirmed as May 9, 2023 at 9:00 a.m. in Courtroom 14A. SO ORDERED. (Signed by Judge John G. Koeltl on 4/13/2023) ( Jury Trial set for 5/9/2023 at 09:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (ks)
April 13, 2023 Opinion or Order Filing 161 ORDER granting #160 Letter Motion for Extension of Time. Application granted. 1. Revised Joint Pre-Trial Order due April 19, 2023. 2. Trial will begin early in the weeks of May 8, 2023, the exact depending on factors such as the availability of the juror pool. 3. Final Pre-Trial Conference: May 4, 2023, at 2:30 P.M. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/13/2023) Pretrial Order due by 4/19/2023. Ready for Trial by 5/8/2023. (ks)
April 13, 2023 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 5/4/2023 at 02:30 PM before Judge John G. Koeltl. (ks)
April 12, 2023 Opinion or Order Filing 160 JOINT LETTER MOTION for Extension of Time and Clarification of Trial Date addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 12, 2023. Document filed by Robynn Europe..(Orzick, Hilary)
April 5, 2023 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 4/5/2023. (Fletcher, Donnie)
April 5, 2023 Opinion or Order Filing 159 ORDER granting in part and denying in part #127 Motion in Limine; granting in part and denying in part #131 Motion in Limine; granting in part and denying in part #138 Motion in Limine; granting in part and denying in part #140 Motion in Limine. For the reasons stated on the record at the teleconference held today, the parties' various motions in limine are granted in part and denied in part. Unless otherwise indicated, the Court's decisions on the motions in limine are made without prejudice to renewal of the objections at trial if an appropriate basis for the objection arises. The Clerk is directed to close ECF Nos. 127, 131, 138 and 140. The parties should file a Joint Pre-Trial Order by April 14, 2023. To accommodate schedules, the parties should be ready for trial, on 48 hours' notice, by May 4, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 4/5/2023) (jca)
April 5, 2023 Opinion or Order Set/Reset Deadlines: Pretrial Order due by 4/14/2023. Ready for Trial by 5/4/2023. (jca)
April 4, 2023 Opinion or Order Filing 158 LETTER addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 4, 2023 re: Parties' Availability for Trial and Resolution of Pending Motions in Limine. Document filed by Robynn Europe. (Attachments: #1 Exhibit Exhibit A - Revised Dkt. No. 139-6, #2 Exhibit Exhibit B - Amended Proposed Requests to Charge).(Orzick, Hilary)
April 3, 2023 Opinion or Order Filing 157 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Susan K. Crumiller dated April 3, 2023. Document filed by Robynn Europe. (Attachments: #1 Exhibit A - Proposed Amended JPTO, Redlined, #2 Exhibit B - Proposed Amended JPTO, Clean).(Crumiller, Susan)
March 10, 2023 Opinion or Order Filing 156 ORDER granting #155 Letter Motion for Conference re: #155 JOINT LETTER MOTION for Conference addressed to Judge John G. Koeltl from Hilary J. Orzick dated March 9, 2023. A telephone conference is scheduled for April 5, 2023 at 12:00p.m. Dial-in: 888-363-4749, with access code 8140049. SO ORDERED. Telephone Conference set for 4/5/2023 at 12:00 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 3/10/2023) (tg)
March 9, 2023 Opinion or Order Filing 155 JOINT LETTER MOTION for Conference addressed to Judge John G. Koeltl from Hilary J. Orzick dated March 9, 2023. Document filed by Robynn Europe..(Orzick, Hilary)
February 27, 2023 Opinion or Order Filing 154 ORDER: The parties are directed to submit courtesy copies of all pre-trial briefing, including any motions in limine, voir dire requests, requests to charge, and objections. SO ORDERED. (Signed by Judge John G. Koeltl on 2/27/2023) (ks)
February 24, 2023 Opinion or Order Filing 153 DECLARATION of Hilary J. Orzick in Opposition re: #127 MOTION in Limine regarding Dawn Parker.. Document filed by Robynn Europe. (Attachments: #1 Exhibit A - Excerpt of the Deposition Transcript of S. Herrmann, #2 Exhibit B - Plaintiffs Trial Exhibit 18, a June 8, 2019 email exchange between Europe, Gecht, and Caporusso, Bates-stamped at D000332-33, #3 Exhibit C - Plaintiffs Trial Exhibit 17, June 5, 2019 Europe Final ROD (redacted), Bates-stamped D00012-13, #4 Exhibit D - Plaintiffs Trial Exhibit 16, a June 10, 2019 email exchange between Europe and Herrmann, Bates-stamped RE0019-20, #5 Exhibit E - Plaintiffs Trial Exhibit 19, Sept. 24, 2019 Europes ROIS (redacted), Bates-stamped D00014, #6 Exhibit F - Joint Trial Exhibit 4, Sept. 27, 2019 email from Kwon to Gecht, Bates-stamped D00285-86).(Orzick, Hilary)
February 24, 2023 Opinion or Order Filing 152 MEMORANDUM OF LAW in Opposition re: #127 MOTION in Limine regarding Dawn Parker. . Document filed by Robynn Europe..(Orzick, Hilary)
February 24, 2023 Opinion or Order Filing 151 DECLARATION of Hilary J. Orzick in Opposition re: #131 MOTION in Limine regarding video clips.. Document filed by Robynn Europe. (Attachments: #1 Exhibit A - Plaintiffs Trial Exhibit 4, bates-stamped RE287-288, #2 Exhibit B - Plaintiffs Trial Exhibit 5, at 265:2-14, along with Errata Sheet of C. Maltman, #3 Exhibit C - Plaintiffs Trial Exhibit 6, Excerpt of Deposition Transcript of M. Caporusso at 67-69 and 74-76, #4 Exhibit D - Plaintiffs Trial Exhibit 7, Star Trek Episode Transcript, bates-stamped RE532-535, #5 Exhibit E - Excerpt of the Deposition Transcript of M. Caporusso, #6 Exhibit F - Plaintiffs Trial Exhibit 23, Spevak Transcript, bates-stamped RE536-552).(Orzick, Hilary)
February 24, 2023 Opinion or Order Filing 150 MEMORANDUM OF LAW in Opposition re: #131 MOTION in Limine regarding video clips. . Document filed by Robynn Europe..(Orzick, Hilary)
February 24, 2023 Opinion or Order Filing 149 OPPOSITION BRIEF re: #134 Proposed Jury Instructions Plaintiff's Objections to Defendants' Proposed Jury Instructions. Document filed by Robynn Europe..(Orzick, Hilary)
February 24, 2023 Opinion or Order Filing 148 MEMORANDUM OF LAW in Opposition re: #138 MOTION in Limine (1) precluding Defendants from offering certain inadmissible and unduly prejudicial hearsay evidence at trial, and (2) permitting Plaintiff to offer redacted versions of certain exhibits, so as to avoid unwarranted prejudice to t . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Riolo, Greg)
February 24, 2023 Opinion or Order Filing 147 MEMORANDUM OF LAW in Opposition re: #140 MOTION in Limine to preclude Defendants from arguing that her prior sexual assault history and pre-existing mental health conditions may be considered as a factor to reduce and/or mitigate her damages under the eggshell-skull plaintiff doctrine.< . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Riolo, Greg)
February 24, 2023 Opinion or Order Filing 146 OPPOSITION BRIEF re: #134 Proposed Jury Instructions submitted by Plaintiff. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Riolo, Greg)
February 17, 2023 Opinion or Order Filing 145 ORDER granting #144 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 2/17/23) (yv)
February 17, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 2/24/2023 (yv)
February 17, 2023 Opinion or Order Filing 144 LETTER MOTION for Extension of Time to Submit any Responses or Objections to any Motions in Limine, Voir Dire, or Requests to Charge addressed to Judge John G. Koeltl from Greg Riolo dated 02/17/2023. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Riolo, Greg)
February 14, 2023 Opinion or Order Filing 143 ORDER: The parties should submit any responses or objections to any motions in limine, voir dire, or requests to charge, by February 21, 2023. SO ORDERED. (Signed by Judge John G. Koeltl on 2/14/2023) ( Responses due by 2/21/2023) (ks)
February 10, 2023 Opinion or Order Filing 142 MEMORANDUM OF LAW in Support re: #140 MOTION in Limine to preclude Defendants from arguing that her prior sexual assault history and pre-existing mental health conditions may be considered as a factor to reduce and/or mitigate her damages under the eggshell-skull plaintiff doctrine.< . Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 141 MEMORANDUM OF LAW in Support re: #138 MOTION in Limine (1) precluding Defendants from offering certain inadmissible and unduly prejudicial hearsay evidence at trial, and (2) permitting Plaintiff to offer redacted versions of certain exhibits, so as to avoid unwarranted prejudice to t . Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 140 MOTION in Limine to preclude Defendants from arguing that her prior sexual assault history and pre-existing mental health conditions may be considered as a factor to reduce and/or mitigate her damages under the eggshell-skull plaintiff doctrine.. Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 139 DECLARATION of Hilary J. Orzick in Support re: #138 MOTION in Limine (1) precluding Defendants from offering certain inadmissible and unduly prejudicial hearsay evidence at trial, and (2) permitting Plaintiff to offer redacted versions of certain exhibits, so as to avoid unwarranted prejudice to t. Document filed by Robynn Europe. (Attachments: #1 Exhibit 1 - Defendants Proposed Trial Exhibit D5, Bates-stamped D 0008-9., #2 Exhibit 2 - Defendants Proposed Trial Exhibit D7, Bates-stamped D 000195, #3 Exhibit 3 - Defendants Proposed Trial Exhibit D12, Bates-stamped D 00010-11, #4 Exhibit 4 - Defendants Proposed Trial Exhibit D13, Bates-stamped D 00036-7, #5 Exhibit 5 - Defendants Proposed Trial Exhibit D14, Bates-stamped D 000312-13, #6 Exhibit 6 - Defendants Proposed Trial Exhibit D16, Bates-stamped D 00012-13, #7 Exhibit 7 - Defendants Proposed Trial Exhibit D20, Bates-stamped D 000280-84, #8 Exhibit 8 - Defendants Proposed Trial Exhibit D21, Bates-stamped D 000320-23, #9 Exhibit 9 - Plaintiffs Proposed Trial Exhibit P14, Bates-stamped D 00010-11, #10 Exhibit 10 - Plaintiffs Proposed Trial Exhibit P17, Bates-stamped D 00012-13, #11 Exhibit 11 - Plaintiffs Proposed Trial Exhibit P19, Bates-stamped D 00014).(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 138 MOTION in Limine (1) precluding Defendants from offering certain inadmissible and unduly prejudicial hearsay evidence at trial, and (2) permitting Plaintiff to offer redacted versions of certain exhibits, so as to avoid unwarranted prejudice to the jury.. Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 137 NOTICE of Plaintiff's Proposed Jury Verdict Sheet (Damages). Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 136 NOTICE of Plaintiff's Proposed Jury Verdict Sheet (Liability). Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 135 PROPOSED VOIR DIRE QUESTIONS. Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 134 PROPOSED JURY INSTRUCTIONS. Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 133 JOINT PRELIMINARY TRIAL REPORT. Document filed by Robynn Europe..(Orzick, Hilary)
February 10, 2023 Opinion or Order Filing 132 MEMORANDUM OF LAW in Support re: #131 MOTION in Limine regarding video clips. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc.. (Attachments: #1 Exhibit Text Messages and Deposition Excerpts).(Zoldessy, Jason)
February 10, 2023 Opinion or Order Filing 131 MOTION in Limine regarding video clips. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
February 10, 2023 Opinion or Order Filing 130 NOTICE of Defendants' Proposed Jury Verdict Sheet (Damages). Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
February 10, 2023 Opinion or Order Filing 129 NOTICE of Defendants' Proposed Jury Verdict Sheet (Liability). Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
February 10, 2023 Opinion or Order Filing 128 MEMORANDUM OF LAW in Support re: #127 MOTION in Limine regarding Dawn Parker. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
February 10, 2023 Opinion or Order Filing 127 MOTION in Limine regarding Dawn Parker. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc...(Zoldessy, Jason)
February 9, 2023 Opinion or Order Filing 126 NOTICE OF APPEARANCE by Tracey Wallace on behalf of Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Wallace, Tracey)
February 1, 2023 Opinion or Order Filing 125 STIPULATION AND ORDER OF PARTIAL DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff Robynn Europe and counsel for Defendants Equinox Holdings, Inc. d/b/a/ Equinox Fitness Club, Equinox East 92nd Street, Inc., and Christopher Maltman that Counts Five, Six, Seven, Eight, and Nine of the Complaint against Defendant Christopher Maltman are hereby voluntarily dismissed with prejudice and without costs, and that Defendant Christopher Maltman is no longer a party to the action. SO ORDERED. Christopher Maltman (individually) terminated. (Signed by Judge John G. Koeltl on 2/1/2023) (jca)
February 1, 2023 Opinion or Order Filing 124 PROPOSED STIPULATION AND ORDER. Document filed by Robynn Europe..(Orzick, Hilary)
January 26, 2023 Opinion or Order Filing 123 ORDER FOR ADMISSION PRO HAC VICE granting #122 Motion for Tracey R. Wallace to Appear Pro Hac Vice. It Is So Ordered. (Signed by Judge John G. Koeltl on 1/26/2023) (ks)
January 26, 2023 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for Tracey Wallace to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27251407. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
January 25, 2023 Opinion or Order Filing 122 MOTION for Tracey Wallace to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27251407. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman. (Attachments: #1 Text of Proposed Order (Proposed Order for Admission), #2 Supplement (Declaration of Jason Zoldessy in Support of Motion), #3 Affidavit (Affidavit of Tracey Wallace), #4 Supplement (Certificate of Good Standing)).(Zoldessy, Jason)
January 25, 2023 Opinion or Order Filing 121 ORDER: granting #120 Letter Motion for Extension of Time to File. Application to bifurcate trial of liability and damages is Granted. Time to submit pre-trial filings extended to 2/10/23. SO ORDERED. (Signed by Judge John G. Koeltl on 1/25/2023) (ama)
January 25, 2023 Opinion or Order Filing 120 JOINT LETTER MOTION for Extension of Time to File Proposed Joint Pretrial Order and Request to Bifurcate Trial addressed to Judge John G. Koeltl from Hilary J. Orzick dated January 25, 2023. Document filed by Robynn Europe..(Orzick, Hilary)
January 25, 2023 Opinion or Order Set/Reset Deadlines: Pretrial Order due by 2/10/2023. (ama)
January 25, 2023 Opinion or Order Terminate Transcript Deadlines (ama)
January 11, 2023 Opinion or Order Filing 119 ORDER. The Court will retain supplemental jurisdiction over the plaintiff's NYCHRL claim for trial. SO ORDERED. (Signed by Judge John G. Koeltl on 1/11/23) (yv)
January 10, 2023 Opinion or Order Filing 118 NOTICE OF APPEARANCE by Susan Karolena Crumiller on behalf of Robynn Europe..(Crumiller, Susan)
January 10, 2023 Opinion or Order Filing 117 LETTER addressed to Judge John G. Koeltl from Chloe Liederman dated January 10, 2023 re: Inquiry Regarding Retaining Federal Jurisdiction and Requesting Courtroom Walkthrough. Document filed by Robynn Europe..(Liederman, Chloe)
December 14, 2022 Opinion or Order Filing 116 ORDER granting #115 Letter Motion for Extension of Time. The parties can file the Joint Pre-Trial Order, together with proposed Voir Dire Requests and Requests to Charge, and Motions in limine by January 27, 2023. Responses and objections are due by 2/3/23. Ready Trial, 48 hours notice, 3/17/2023. So Ordered. ( Motions due by 1/27/2023. Pretrial Order due by 1/27/2023. Ready for Trial by 3/17/2023.) (Signed by Judge John G. Koeltl on 12/14/22) (yv)
December 14, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 2/3/2023 (yv)
December 14, 2022 Opinion or Order Filing 115 JOINT LETTER MOTION for Extension of Time and/or Clarification of the Court's Order Regarding Pretrial Submissions addressed to Judge John G. Koeltl from Hilary J. Orzick dated December 14, 2022. Document filed by Robynn Europe..(Orzick, Hilary)
December 5, 2022 Opinion or Order Filing 114 ORDER granting #113 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 12/3/2022) (ks)
December 3, 2022 Opinion or Order Set/Reset Deadlines: Pretrial Order due by 12/22/2022. (ks)
December 2, 2022 Opinion or Order Filing 113 JOINT LETTER MOTION for Extension of Time to File Joint Pretrial Order addressed to Judge John G. Koeltl from Hilary J. Orzick dated December 2, 2022. Document filed by Robynn Europe..(Orzick, Hilary)
November 15, 2022 Opinion or Order Filing 112 MEMORANDUM OPINION AND ORDER: The Court has considered all of the arguments of the parties. To the extent not discussed above, the arguments are either moot or without merit. For the foregoing reasons, the plaintiff's motion for reconsideration is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 11/15/2022) (ks)
October 24, 2022 Opinion or Order Filing 111 STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for Plaintiff Robyn Europe (hereinafter referred to as "Plaintiff") and counsel for Defendant Adam Gecht, that Counts Three and Four of the Complaint against Defendant Adam Gecht are hereby voluntarily dismissed with prejudice and without costs. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 10/24/2022) (va)
October 24, 2022 Opinion or Order Filing 110 PROPOSED STIPULATION AND ORDER. Document filed by Adam Gecht..(Shiloh, Elior)
October 19, 2022 Opinion or Order Filing 109 ORDER: The plaintiff is directed to provide the Court with courtesy copies of all papers filed in connection with the fully briefed motion for reconsideration (ECF No. 102). SO ORDERED. (Signed by Judge John G. Koeltl on 10/19/2022) (ks)
October 18, 2022 Opinion or Order Filing 108 REPLY MEMORANDUM OF LAW in Support re: #102 MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. . Document filed by Robynn Europe..(Liederman, Chloe)
October 11, 2022 Opinion or Order Filing 107 MEMORANDUM OF LAW in Opposition re: #102 MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
October 4, 2022 Opinion or Order Filing 106 ORDER granting #105 Letter Motion for Extension of Time. Defendants' opposition due 10/11/22, plaintiff's reply due 10/18/22. Joint Pre-Trial order due 21 days after decision of the motion for reconsideration. SO ORDERED.. (Signed by Judge John G. Koeltl on 10/4/2022) (ks)
October 4, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 10/11/2022 Replies due by 10/18/2022. (ks)
October 3, 2022 Opinion or Order Filing 105 JOINT LETTER MOTION for Extension of Time to fully brief Motion for Reconsideration and to file a Joint Pretrial Order addressed to Judge John G. Koeltl from Jason A. Zoldessy dated October 3, 2022. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
September 27, 2022 Opinion or Order Filing 104 NOTICE OF APPEARANCE by Greg Anthony Riolo on behalf of Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Riolo, Greg)
September 26, 2022 Opinion or Order Filing 103 MEMORANDUM OF LAW in Support re: #102 MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. . Document filed by Robynn Europe..(Liederman, Chloe)
September 26, 2022 Opinion or Order Filing 102 MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. Document filed by Robynn Europe..(Liederman, Chloe)
September 26, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Chloe Liederman to RE-FILE Document #101 MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. The wrong PDF is attached. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents. ***REMINDER*** First file the motion then the supporting document(s) separately. (kj)
September 23, 2022 Opinion or Order Filing 101 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - MOTION for Reconsideration re; #100 Memorandum & Opinion,,, MOTION for Summary Judgment. Document filed by Robynn Europe..(Liederman, Chloe) Modified on 9/26/2022 (kj).
September 9, 2022 Opinion or Order Filing 100 MEMORANDUM OPINION AND ORDER re: #80 MOTION for Summary Judgment . filed by Christopher Maltman, Equinox Holdings, Inc., Adam Gecht, Equinox East 92nd Street, Inc.. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion for summary judgment is granted in part and denied in part. The defendants' motion for summary judgment is granted with respect to the ADA claims against the defendants, the retaliation claims against the defendants, and the NYSHRL and NYCHRL claims against Gecht only. The motion is denied in all other respects. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 9/8/2022) (tg)
August 10, 2022 Opinion or Order Filing 99 MEMO ENDORSEMENT on NOTICE OF MOTION TO WITHDRAW AS COUNSEL BY GREGORY S. SLOTNICK, ESQ.: granting #98 Motion to Withdraw as Attorney. ENDORSEMENT: Application Granted. SO ORDERED. Attorney Gregory S Slotnick terminated. (Signed by Judge John G. Koeltl on 8/10/2022) (ama)
August 9, 2022 Opinion or Order Filing 98 MOTION for Gregory S. Slotnick to Withdraw as Attorney . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman. (Attachments: #1 Affidavit - Declaration in Support).(Slotnick, Gregory)
April 12, 2022 Opinion or Order Filing 97 LETTER addressed to Judge John G. Koeltl from Jason A. Zoldessy dated April 12, 2022 re: Response to Plaintiff's April 8, 2022 Letter (ECF No. 96) (Joint With Defendant Adam Gecht). Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
April 8, 2022 Opinion or Order Filing 96 LETTER addressed to Judge John G. Koeltl from Hilary J. Orzick dated April 8, 2022 re: Judicial Notice Concerning Order Partially Granting Plaintiff's Motion for Sanctions. Document filed by Robynn Europe..(Orzick, Hilary)
March 21, 2022 Opinion or Order Filing 95 OPINION AND ORDER ON SANCTIONS FOR SPOLIATION OF EVIDENCE re: #75 LETTER MOTION to Seal Documents Designated by Defendants as "Confidential" addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 12/09/2021 filed by Robynn Europe, #77 MOTION for Sanctions for the Spoliation of Evidence filed by Robynn Europe. For the foregoing reasons, Plaintiff's motion for sanctions is GRANTED in part and DENIED in part. Relatedly, Plaintiff's motion to seal exhibit 5 (ECF No. 75) to her motion for sanctions is DENIED. Plaintiff has not demonstrated any countervailing reasons or higher values to overcome the presumptive right of access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006). The Clerk is respectfully requested to terminate the motions pending at ECF Nos. 75 and 77. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/21/2022) (vfr)
January 28, 2022 Opinion or Order Filing 94 RESPONSE in Support of Motion re: #80 MOTION for Summary Judgment . (RESPONSE TO PLAINTIFF'S COUNTERSTATEMENT OF MATERIAL AND UNDISPUTED FACTS). Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
January 28, 2022 Opinion or Order Filing 93 DECLARATION of Jason A. Zoldessy in Support re: #80 MOTION for Summary Judgment .. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman. (Attachments: #1 Exhibit S - Emails (D000164-D000166, D000186-D000190), #2 Exhibit T - Email (D000144), #3 Exhibit U - Emails (D000148-D000149)).(Zoldessy, Jason)
January 28, 2022 Opinion or Order Filing 92 REPLY MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
January 14, 2022 Opinion or Order Filing 91 COUNTER STATEMENT TO #83 Rule 56.1 Statement. Document filed by Robynn Europe..(Orzick, Hilary)
January 14, 2022 Opinion or Order Filing 90 MEMORANDUM OF LAW in Opposition re: #80 MOTION for Summary Judgment . . Document filed by Robynn Europe..(Orzick, Hilary)
January 14, 2022 Opinion or Order Filing 89 DECLARATION of Hilary J. Orzick in Opposition re: #80 MOTION for Summary Judgment .. Document filed by Robynn Europe. (Attachments: #1 Exhibit 1 - Declaration of Robynn Europe in Opposition to Defendants' Motion for Summary Judgment, #2 Exhibit 2 - Declaration of Chris Rodriguez, #3 Exhibit 3 - Declaration of M Melendez, #4 Exhibit 4 - Deposition transcripts of Robynn Europe, #5 Exhibit 5 - Deposition transcript of Michael Caporusso, #6 Exhibit 6 - Deposition transcript of Adam Gecht, #7 Exhibit 7 - Deposition transcript of Christopher Maltman, #8 Exhibit 8 - Deposition transcript of Stephanie Herrmann, #9 Exhibit 9 - Deposition transcript of Paul Kwon, #10 Exhibit 10 - Deposition transcript of Robert Avellan, #11 Exhibit 11 - Deposition transcript of Kathryn Anta, #12 Exhibit 12 - April 15, 2019 Record of Discussion Issued to Robynn Europe, #13 Exhibit 13 - East 92nd Street Equinox Manager Schedules dated December 2018 through April 2019, #14 Exhibit 14 - East 92nd Street Equinox Manager Schedules dated May 2019 through August 2019, #15 Exhibit 15 - Swipe-card data for managers who worked at the East 92nd Street Equinox dated December 2018 through September 2019, #16 Exhibit 16 - Email thread dated July 11, 2019, #17 Exhibit 17 - Investigation Report, Case Name Maltman, Christopher 06.10.19", #18 Exhibit 18 - Investigation Report, Case Name Faerman, Cori 06.04.19", #19 Exhibit 19 - Email thread dated June 5-7, 2019, #20 Exhibit 20 - Email thread dated April 2, 2019, #21 Exhibit 21 - Record of Discussion, issued on April 3, 2019 to Jose Taveras, #22 Exhibit 22 - Email thread dated June 7, 2019, #23 Exhibit 23 - Record of Discussion dated June 5, 2019 and issued to Robynn Europe, #24 Exhibit 24 - Text message between Chris Maltman and Michael Caporusso dated June 7, 2019, #25 Exhibit 25 - Defendants Response to Plaintiffs Interrogatories dated May 27, 2021, #26 Exhibit 26 - Equinox Handbook, #27 Exhibit 27 - Email thread dated September 10, 2019, #28 Exhibit 28 - Record of Involuntary Separation for Robynn Europe, dated September 24, 2019, #29 Exhibit 29 - Email exchange dated September 24 and September 25, 2019, #30 Exhibit 30 - Email exchange dated September 25 and September 26, 2019, #31 Exhibit 31 - Email exchange dated September 27, 2019, #32 Exhibit 32 - Summons and Complaint from De Longchamp v. Equinox Holdings Company Inc. et al, 153431/2021 (N.Y. Sup. Ct. April 8, 2021), #33 Exhibit 33 - Complaint from Parker v. Equinox Holdings Company Inc, et al, No. 20 Civ. 03306 (S.D.N.Y. April 28, 2020)).(Orzick, Hilary)
December 29, 2021 Opinion or Order Filing 88 DECLARATION of Hilary J. Orzick in Support re: #77 MOTION for Sanctions for the Spoliation of Evidence.. Document filed by Robynn Europe. (Attachments: #1 Exhibit Text Message Bates-stamped D000288, #2 Exhibit Excerpts from the transcript of the August 25, 2021 Deposition of Michael Caporusso, #3 Exhibit C. Maltman Errata Sheet, #4 Exhibit Excerpt from the transcript of the July 13, 2021 Deposition of Stephanie Hermann).(Orzick, Hilary)
December 29, 2021 Opinion or Order Filing 87 REPLY MEMORANDUM OF LAW in Support re: #77 MOTION for Sanctions for the Spoliation of Evidence. . Document filed by Robynn Europe..(Orzick, Hilary)
December 21, 2021 Opinion or Order Filing 86 DECLARATION of Gregory S. Slotnick in Opposition re: #77 MOTION for Sanctions for the Spoliation of Evidence.. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
December 21, 2021 Opinion or Order Filing 85 RESPONSE in Opposition to Motion re: #77 MOTION for Sanctions for the Spoliation of Evidence. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
December 21, 2021 Opinion or Order Filing 84 RESPONSE in Opposition to Motion re: #77 MOTION for Sanctions for the Spoliation of Evidence. . Document filed by Adam Gecht..(Shiloh, Elior)
December 17, 2021 Opinion or Order Filing 83 RULE 56.1 STATEMENT. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
December 17, 2021 Opinion or Order Filing 82 DECLARATION of Jason A. Zoldessy in Support re: #80 MOTION for Summary Judgment .. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer and Defenses to Complaint, #3 Exhibit C - Europe Deposition Transcript Portions, #4 Exhibit D - Gecht Deposition Transcript Portions, #5 Exhibit E - Maltman Deposition Transcript Portions, #6 Exhibit F - Anta Deposition Transcript Portions, #7 Exhibit G - Avellan Deposition Transcript Portions, #8 Exhibit H - Caporusso Deposition Transcript Portions, #9 Exhibit I - Harrison Deposition Transcript Portions, #10 Exhibit J - Herrmann Deposition Transcript Portions, #11 Exhibit K - Kwon Deposition Transcript Portions, #12 Exhibit L - Pl. Ex. 1, Equinox Handbook policies and Plaintiff's acknowledgment and receipts, #13 Exhibit M - Pl. Ex. 2, April 2019 ROD, #14 Exhibit N - Herrmann Ex. F, May 2019 email, #15 Exhibit O - Pl. Ex. 3, June 2019 Final ROD, #16 Exhibit P - Pl. Ex. 4, September 2019 ROIS, #17 Exhibit Q - Gecht Ex. A, April 2019 email, #18 Exhibit R - Gecht Ex. D, Taveras June 2019 ROD).(Zoldessy, Jason)
December 17, 2021 Opinion or Order Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION for Summary Judgment . . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
December 17, 2021 Opinion or Order Filing 80 MOTION for Summary Judgment . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
December 15, 2021 Opinion or Order Filing 79 ORDER granting #78 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 12/15/2021) (vfr)
December 15, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 12/21/2021 Replies due by 12/29/2021. (vfr)
December 14, 2021 Opinion or Order Filing 78 LETTER MOTION for Extension of Time Proposed Briefing Schedule for Pending Motion addressed to Magistrate Judge Katharine H. Parker from Jason A. Zoldessy dated December 14, 2021. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
December 9, 2021 Opinion or Order Filing 77 MOTION for Sanctions for the Spoliation of Evidence. Document filed by Robynn Europe. (Attachments: #1 Memorandum of Law in Support of Motion for Sanctions for Spoliation of Evidence, #2 Declaration of Hilary J. Orzick, #3 Exhibit 1 - D000014, #4 Exhibit 2 - RE0010-11, #5 Exhibit 3 - December 9, 2019 Letter, #6 Exhibit 4 - Plaintiff's Request for the Production of Documents, #7 Exhibit 5 - D000290-311, D000204-278, #8 Exhibit 6 - Email Exchange between Counsel for Parties).(Orzick, Hilary)
December 9, 2021 Opinion or Order Filing 76 ***SELECTED PARTIES***REDACTION to #75 LETTER MOTION to Seal Documents Designated by Defendants as "Confidential" addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 12/09/2021. Exhibit 5 by Robynn Europe, Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman, Jose TaverasMotion or Order to File Under Seal: #75 .(Orzick, Hilary)
December 9, 2021 Opinion or Order Filing 75 LETTER MOTION to Seal Documents Designated by Defendants as "Confidential" addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 12/09/2021. Document filed by Robynn Europe..(Orzick, Hilary)
December 3, 2021 Opinion or Order Filing 74 ORDER granting #73 Letter Motion for Extension of Time. APPLICATION GRANTED. Motions due by 12/9/2021. (Signed by Magistrate Judge Katharine H. Parker on 12/3/2021) (vfr)
December 1, 2021 Opinion or Order Filing 73 LETTER MOTION for Extension of Time to Submit Joint Stipulation, or in the alternative, Submit Motion for Sanctions addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 12/01/2021. Document filed by Robynn Europe..(Orzick, Hilary)
November 30, 2021 Opinion or Order Filing 72 ORDER terminating #66 Motion for Conference re: #66 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 11/15/2021. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
November 23, 2021 Opinion or Order Filing 71 ORDER terminating #70 Letter Motion for Conference re: #70 LETTER MOTION for Conference in anticipation of filing a motion for summary judgment addressed to Judge John G. Koeltl from Jason A. Zoldessy dated November 22, 2021. No pre-motion conference is necessary, Motion Due: 12/17/21 Response Due: 1/14/22 Reply Due: 1/28/22. SO ORDERED.. (Signed by Judge John G. Koeltl on 11/22/2021) (ks)
November 23, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 12/17/2021. Responses due by 1/14/2022 Replies due by 1/28/2022. (ks)
November 22, 2021 Opinion or Order Filing 70 LETTER MOTION for Conference in anticipation of filing a motion for summary judgment addressed to Judge John G. Koeltl from Jason A. Zoldessy dated November 22, 2021. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
November 18, 2021 Opinion or Order Filing 69 SCHEDULING ORDER: Motion for Sanctions due by 12/3/2021. Responses due by 12/15/2021 Reply due by 12/22/2021. The parties shall meet and confer in advance of 12/3/2021 to determine whether a stipulation can resolve the dispute concerning the absence of a September schedule for the managers at the 92d St. location. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
November 18, 2021 Opinion or Order Filing 68 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management / Discovery / Oral Argument / Scheduling / Status Conference held on 11/18/2021 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. AT&T Conference Line. (ca)
November 18, 2021 Opinion or Order Filing 67 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Jason A. Zoldessy dated November 18, 2021 re: #66 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 11/15/2021. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
November 15, 2021 Opinion or Order Filing 66 LETTER MOTION for Conference addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 11/15/2021. Document filed by Robynn Europe. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Orzick, Hilary)
November 15, 2021 Opinion or Order NOTICE TO COUNSEL: REMINDER of the telephonic Status Conference scheduled on Thursday, November 18, 2021 at 2:00 p.m. Please dial (866) 434-5269, Access code: 4858267. re: #64 Memo Endorsement.(ca)
November 3, 2021 Opinion or Order Filing 65 NOTICE OF APPEARANCE by Stephanie Steinberg on behalf of Adam Gecht..(Steinberg, Stephanie)
October 4, 2021 Opinion or Order Filing 64 MEMO ENDORSEMENT on re: #63 Letter filed by Christopher Maltman, Equinox Holdings, Inc., Equinox East 92nd Street, Inc. ENDORSEMENT: The Court is hereby scheduling a telephonic status conference for Thursday, November 18, 2021 at 2:00 p.m. The parties' are directed to call into the court's teleconference line at the scheduled time by dialing (866) 434-5269, Access code: 4858267. ( Telephone Conference set for 11/18/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/4/2021) (vfr)
October 1, 2021 Opinion or Order Filing 63 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jason A. Zoldessy dated October 1, 2021 re: Joint Status Report. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
September 23, 2021 Opinion or Order Filing 62 ORDER granting #61 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/23/2021) (vfr)
September 22, 2021 Opinion or Order Filing 61 LETTER MOTION for Extension of Time to File Joint Status Letter addressed to Magistrate Judge Katharine H. Parker from Hilary J. Orzick dated 09/22/2021. Document filed by Robynn Europe..(Orzick, Hilary)
August 27, 2021 Opinion or Order Filing 60 ORDER granting in part and denying in part #55 Letter Motion to Compel. For the reasons set forth at the August 25, 2021 telephonic discovery conference, Plaintiffs letter motion to compel (ECF No. 55) is GRANTED in part and DENIED in part. The parties are hereby ordered to file a status letter with the Court by no later than September 24, 2021 to update the Court on the cases progress and to flag any issues that may require judicial intervention. The parties are otherwise directed to the conference transcript for the rulings and directives of the Court. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 8/27/2021) (tg)
August 27, 2021 Opinion or Order Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/25/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(tg)
August 27, 2021 Opinion or Order Filing 58 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/25/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2021. Redacted Transcript Deadline set for 9/27/2021. Release of Transcript Restriction set for 11/26/2021..(tg)
August 25, 2021 Opinion or Order Filing 57 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Discovery / Scheduling / Status Conference held on 8/25/2021 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form.AT&T Conference Line. (ca)
August 24, 2021 Opinion or Order Filing 56 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Jason A. Zoldessy dated August 24, 2021 re: #55 LETTER MOTION to Compel All Defendants to Produce Discovery addressed to Magistrate Judge Katharine H. Parker from Chloe Liederman dated August 19, 2021. . Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Christopher Maltman..(Zoldessy, Jason)
August 24, 2021 Opinion or Order NOTICE TO COUNSEL: REMINDER of The Discovery Conference scheduled for Wednesday, August 25, 2021 at 2:00 p.m. Please dial (866) 434-5269; access code 4858267 re: #53 Order.(ca)
August 19, 2021 Opinion or Order Filing 55 LETTER MOTION to Compel All Defendants to Produce Discovery addressed to Magistrate Judge Katharine H. Parker from Chloe Liederman dated August 19, 2021. Document filed by Robynn Europe..(Liederman, Chloe)
August 19, 2021 Opinion or Order Filing 54 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge John G. Koeltl on 8/19/2021) (tro)
August 19, 2021 Opinion or Order Filing 53 ORDER REINSTATING DISCOVERY CONFERENCE: This case has been referred to me for Discovery Motion/Dispute (Doc. No. 44). The previously adjourned Discovery Conference in this matter scheduled for Wednesday, August 25, 2021 at 2:00 p.m. is hereby reinstated to discuss the timing of depositions. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED. ( Telephone Conference set for 8/25/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/10/2021) (vfr)
August 19, 2021 Opinion or Order Filing 52 LETTER addressed to Magistrate Judge Katharine H. Parker from Chloe Liederman dated August 19, 2021 re: Opposition to Defendant Adam Gechts renewed request for a discovery conference. Document filed by Robynn Europe..(Liederman, Chloe)
August 18, 2021 Opinion or Order Filing 51 LETTER addressed to Magistrate Judge Katharine H. Parker from Elior D. Shiloh dated August 18, 2021 re: order denying motion to compel and adjourning the August 25 conference. Document filed by Adam Gecht..(Shiloh, Elior)
August 18, 2021 Opinion or Order Filing 50 MEMO ENDORSEMENT on re: #47 LETTER RESPONSE in Opposition to Motion denying as moot #44 Letter Motion for Local Rule 37.2 Conference. ENDORSEMENT: In light of Plaintiff's representations in the letter above, Defendants' request for a pre-motion conference is now moot. Accordingly, the Court respectfully requests that the Clerk of Court terminate the pending motion at ECF No. 44. Further, the conference previously scheduled for August 25, 2021 in this case is hereby adjourned sine die. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/18/2021) (vfr)
August 16, 2021 Opinion or Order Filing 49 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Elior D. Shiloh dated August 16, 2021 re: #44 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Elior D. Shiloh dated August 9, 2021. . Document filed by Adam Gecht..(Shiloh, Elior)
August 11, 2021 Opinion or Order Filing 48 NOTICE OF APPEARANCE by Hilary Joy Orzick on behalf of Robynn Europe..(Orzick, Hilary)
August 10, 2021 Opinion or Order Filing 47 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Chloe Liederman dated 08/10/2021 re: #44 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Elior D. Shiloh dated August 9, 2021. . Document filed by Robynn Europe..(Liederman, Chloe)
August 10, 2021 Opinion or Order Filing 46 ORDER SCHEDULING DISCOVERY CONFERENCE: This case has been referred to me for Discovery Motion/Dispute (Doc. No. 44). A Discovery Conference in this matter will be held on Wednesday, August 25, 2021 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED. ( Telephone Conference set for 8/25/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/10/2021) (vfr)
August 9, 2021 Opinion or Order Filing 45 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for (Events Only) Motion/Dispute ECF No. 44. Referred to Magistrate Judge Katharine H. Parker. So Ordered. Motions referred to Katharine H. Parker. (Signed by Judge John G. Koeltl on 8/9/2021) (js) Modified on 8/10/2021 (js).
August 9, 2021 Opinion or Order Filing 44 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Elior D. Shiloh dated August 9, 2021. Document filed by Adam Gecht..(Shiloh, Elior)
July 26, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 8/30/2021. (rro)
July 26, 2021 Opinion or Order Filing 43 MEMO ENDORSEMENT on re: #41 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Chloe Liederman dated 07/23/2021. filed by Robynn Europe. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/26/2021) (rro)
July 26, 2021 Opinion or Order Filing 42 REVISED SCHEDULING ORDER granting #41 Letter Motion for Extension of Time to Complete Discovery. The parties shall complete all fact discovery and depositions by August 30, 2021. The parties shall complete all expert discovery by October 30, 2021. Any dispositive motion practice must be commenced by November 22, 2021. A proposed Joint Pre-trial Order shall be filed by December 5, 2021, or 30 days after disposition of any dispositive motions, whichever is later; and The parties should be ready for trial on 48 hours notice 14 days after submission of their Joint Pre-Trial Order. (Signed by Judge John G. Koeltl on 7/26/2021) (rro)
July 26, 2021 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 10/30/2021. Fact Discovery due by 8/30/2021. Motions due by 11/22/2021. Pretrial Order due by 12/5/2021. (rro)
July 23, 2021 Opinion or Order Filing 41 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Chloe Liederman dated 07/23/2021. Document filed by Robynn Europe. (Attachments: #1 Proposed Revised Scheduling Order).(Liederman, Chloe)
June 15, 2021 Opinion or Order Filing 40 STIPULATION AND ORDEROF SUBSTITUTION OF COUNSEL FOR DEFENDANT ADAM GECHT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, pursuant to Local Rule 1.4, that Lewis Brisbois Bisgaard & Smith LLP shall be substituted in the place and stead of Jackson Lewis P.C. as counsel of record for Defendant Adam Gecht in the above-captioned matter. Defendant Gecht enters into this substitution of counsel knowingly and voluntarily. So Ordered Attorney Jason A Zoldessy terminated. (Signed by Judge John G. Koeltl on 6/14/2021) (js)
June 11, 2021 Opinion or Order Filing 39 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Adam Gecht..(Shiloh, Elior)
June 11, 2021 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Elior Daniel Shiloh on behalf of Adam Gecht..(Shiloh, Elior)
May 13, 2021 Opinion or Order Filing 37 STIPULATION FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This Order is not binding on the Court or Court personnel. The Court reserves the right to amend this order at any time. SO ORDERED. (Signed by Judge John G. Koeltl on 5/13/2021) (ks)
May 13, 2021 Opinion or Order Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
April 22, 2021 Opinion or Order Filing 35 REVISED SCHEDULING ORDER: granting #34 Letter Motion for Extension of Time to Complete Discovery. The patties shall complete all fact discovery and depositions by July 30, 2021; The parties shall complete all expert discovery by September 30, 2021; Any dispositive motion practice must be commenced by October 22, 2021; A proposed Joint Pre-Trial Order shall be filed by November 5, 2021, or 30 days after disposition of any dispositive motions, whichever is later; and The parties should be ready for trial on 48 hours' notice 14 days after submission of their Joint Pre-Trial Order. The Clerk is directed to close docket no. 34. SO ORDERED. (Signed by Judge John G. Koeltl on 4/22/2021) (ama)
April 22, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 7/30/2021. Expert Discovery due by 9/30/2021. Fact Discovery due by 7/30/2021. Motions due by 10/22/2021. Pretrial Order due by 11/5/2021. (ama)
April 21, 2021 Opinion or Order Filing 34 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Jason A. Zoldessy dated April 21, 2021. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman. (Attachments: #1 Exhibit Proposed Revised Scheduling Order).(Zoldessy, Jason)
March 31, 2021 Opinion or Order Filing 32 STATUS REPORT. Joint Status Report Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
March 15, 2021 Opinion or Order Filing 31 MEMO ENDORSEMENT on re: #30 Letter filed by Christopher Maltman, Equinox Holdings, Inc., Adam Gecht, Equinox East 92nd Street, Inc. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/15/2021) (ks)
March 12, 2021 Opinion or Order Filing 30 JOINT LETTER addressed to Judge John G. Koeltl from Jason A. Zoldessy dated March 12, 2021 re: Joint Status Report. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
March 1, 2021 Opinion or Order Filing 29 ORDER: The parties are directed to provide the Court with a status report by March 12, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 3/1/2021) (ks)
January 25, 2021 Opinion or Order Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 1/25/2021. Mediation Status due by 2/24/2021. (sb)
December 23, 2020 Opinion or Order MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 1/25/2021 at 10:00 AM by video conference..(sb)
December 23, 2020 Opinion or Order MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 01/19/2021 was not held..(sb)
December 17, 2020 Opinion or Order MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 1/19/2021 at 10:00 AM by video conference..(sb)
December 2, 2020 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/4/2021..(rpr)
November 24, 2020 Opinion or Order Filing 28 DISCOVERY PLAN PURSUANT TO RULE 26(f): Dispositive Motion due 8/13/21. Joint Pre-trial Order due 9/3/21, or 30 days after disposition/any dispositive motion. Ready trial 48 hours notice, 14 days after disposition/any dispositive motion. SO ORDERED. Deposition due by 5/20/2021. Fact Discovery due by 5/20/2021. Expert Discovery due by 7/20/2021. Pretrial Order due by 9/3/2021. (Signed by Judge John G. Koeltl on 11/23/2020) (nb)
November 20, 2020 Opinion or Order Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
November 20, 2020 Opinion or Order Filing 26 ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/30/2020. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
November 13, 2020 Opinion or Order Filing 25 ORDER: The parties are directed to file a Rule 26(f) report by November 20, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2020) (ks)
November 13, 2020 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Gregory S Slotnick on behalf of Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Slotnick, Gregory)
November 12, 2020 Opinion or Order Filing 23 ANSWER to #1 Complaint,. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
November 12, 2020 Opinion or Order Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Equinox Holdings, Inc., Corporate Parent Related Equinox Holdings II, LLC for Equinox East 92nd Street, Inc.. Document filed by Equinox East 92nd Street, Inc...(Zoldessy, Jason)
November 12, 2020 Opinion or Order Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Related Equinox Holdings II, LLC for Equinox Holdings, Inc.. Document filed by Equinox Holdings, Inc...(Zoldessy, Jason)
October 27, 2020 Opinion or Order Filing 20 AFFIDAVIT OF SERVICE. Equinox Holdings, Inc. served on 10/22/2020, answer due 11/12/2020. Service was accepted by Sue Zouky - Authorized Agent in the Office of the Secretary of State. Document filed by Robynn Europe..(Liederman, Chloe)
October 27, 2020 Opinion or Order Filing 19 AFFIDAVIT OF SERVICE. Equinox East 92nd Street, Inc. served on 10/22/2020, answer due 11/12/2020. Service was accepted by Sue Zouky - Authorized Agent in the Office of the Secretary of State. Document filed by Robynn Europe..(Liederman, Chloe)
October 27, 2020 Opinion or Order Filing 18 AFFIDAVIT OF SERVICE. Christopher Maltman served on 10/20/2020, answer due 11/12/2020. Service was accepted by Christopher Maltman. Document filed by Robynn Europe..(Liederman, Chloe)
October 26, 2020 Opinion or Order Filing 17 ORDER granting #16 Letter Motion for Extension of Time to Answer re #1 Complaint. APPLICATION GRANTED. SO ORDERED. (Adam Gecht answer due 11/12/2020; Christopher Maltman answer due 11/12/2020) (Signed by Judge John G. Koeltl on 10/26/2020) (nb)
October 26, 2020 Opinion or Order Filing 16 LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Jason A. Zoldessy dated October 26, 2020. Document filed by Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
October 23, 2020 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Jason A Zoldessy on behalf of Equinox East 92nd Street, Inc., Equinox Holdings, Inc., Adam Gecht, Christopher Maltman..(Zoldessy, Jason)
October 8, 2020 Opinion or Order Filing 14 AFFIDAVIT OF SERVICE. Adam Gecht served on 10/5/2020, answer due 10/26/2020. Service was accepted by Adam Gecht. Document filed by Robynn Europe..(Liederman, Chloe)
September 25, 2020 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Jose Taveras..(dnh)
September 24, 2020 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Jose Taveras, re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe)
September 24, 2020 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to Christopher Maltman..(dnh)
September 24, 2020 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to Equinox Holdings, Inc...(dnh)
September 24, 2020 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to Adam Gecht..(dnh)
September 24, 2020 Opinion or Order Filing 8 ELECTRONIC SUMMONS ISSUED as to Equinox East 92nd Street, Inc...(dnh)
September 24, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Chloe Liederman to RE-FILE Document No. #7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): The party name listed on the summons PDF must correspond with the party name listed in the as to docket entry text. 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)
September 23, 2020 Opinion or Order Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Jose Taveras, re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe) Modified on 9/24/2020 (dnh).
September 23, 2020 Opinion or Order Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Christopher Maltman, re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe)
September 23, 2020 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Equinox Holdings, Inc. d/b/a Equinox Fitness Club, re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe)
September 23, 2020 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Adam Gecht, re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe)
September 23, 2020 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Equinox East 92nd Street, Inc., re: #1 Complaint,. Document filed by Robynn Europe..(Liederman, Chloe)
September 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chloe Liederman. The party information for the following party/parties has been modified: Rbynn Europe; Equinox Holdings, Inc. d/b/a Equinox Fitness Club. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias was entered incorrectly. (jgo)
September 23, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chloe Liederman. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:451; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:2000e; the County code has been modified to Kings; the Fee Status code has been modified to pd (paid);. (jgo)
September 23, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(jgo)
September 23, 2020 Opinion or Order Magistrate Judge Katharine H. Parker 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. (jgo)
September 23, 2020 Opinion or Order Case Designated ECF. (jgo)
September 22, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Liederman, Chloe)
September 22, 2020 Opinion or Order Filing 1 COMPLAINT against Equinox East 92nd Street, Inc., Equinox Holdings, Inc. d/b/a Equinox Fitness Club, Adam Gecht, Christopher Maltman, Jose Taveras. (Filing Fee $ 400.00, Receipt Number ANYSDC-21780254)Document filed by Rbynn Europe..(Liederman, Chloe)

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Search for this case: Europe v. Equinox Holdings, Inc. et al
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Defendant: Equinox Holdings, Inc. d/b/a Equinox Fitness Club
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Defendant: Equinox East 92nd Street, Inc.
Represented By: Jason A Zoldessy
Represented By: Gregory S Slotnick
Represented By: Greg Anthony Riolo
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Defendant: Jose Taveras
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Defendant: Adam Gecht
Represented By: Jason A Zoldessy
Represented By: Gregory S Slotnick
Represented By: Elior Daniel Shiloh
Represented By: Stephanie Steinberg
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Defendant: Christopher Maltman
Represented By: Jason A Zoldessy
Represented By: Gregory S Slotnick
Represented By: Greg Anthony Riolo
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Defendant: Equinox Holdings, Inc. doing business as Equinox Fitness Club
Represented By: Jason A Zoldessy
Represented By: Gregory S Slotnick
Represented By: Greg Anthony Riolo
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Plaintiff: Rbynn Europe
Represented By: Chloe Liederman
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Plaintiff: Robynn Europe
Represented By: Chloe Liederman
Represented By: Hilary Joy Orzick
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