Zuckerman v. GW Acquisition LLC et al
Plaintiff: Ariel Zuckerman
Defendant: Michael Marinoff, GW Acquisition LLC d/b/a G&W Industries, Albert Maleh and GW Acquisition LLC doing business as G&W Industries
Case Number: 1:2020cv08742
Filed: October 20, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Civil Rights: Jobs
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2021 Opinion or Order Filing 47 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Dismiss . . Document filed by Ariel Zuckerman..(Huot, Innessa)
February 3, 2021 Opinion or Order Filing 46 ORDER: granting #45 Letter Motion for Extension of Time to File Response/Reply re #45 LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss. addressed to Judge Valerie E. Caproni from Innessa M. Huot dated February 3, 2021. Plaintiff's response in opposition to the Motion to Dismiss is due no later than Friday, February 26, 2021. Defendants' reply in support of the Motion is due no later than Friday, March 12, 2021. SO ORDERED. Responses due by 2/26/2021 Replies due by 3/12/2021. (Signed by Judge Valerie E. Caproni on 2/03/2021) (ama)
February 3, 2021 Opinion or Order Filing 45 LETTER MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss . addressed to Judge Valerie E. Caproni from Innessa M. Huot dated February 3, 2021. Document filed by Ariel Zuckerman..(Huot, Innessa)
January 29, 2021 Opinion or Order Filing 44 CERTIFICATE OF SERVICE of Notice of Motion served on Inessa M. Huot, Esq, Alex Hartsband, Esq., and Camilo Burr, Esq. on January 29, 2021. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
January 29, 2021 Opinion or Order Filing 43 DECLARATION of Rashmee Sinha in Support re: #41 MOTION to Dismiss .. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity). (Attachments: #1 Exhibit A - First Amended Complaint, #2 Exhibit B - Charge of Discrimination, #3 Exhibit C - New York State Department of Labor Opinion Letter).(Sinha, Rashmee)
January 29, 2021 Opinion or Order Filing 42 MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss . Plaintiff's First Amended Complaint. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
January 29, 2021 Opinion or Order Filing 41 MOTION to Dismiss . Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
January 29, 2021 Opinion or Order Filing 40 ORDER granting #39 LETTER MOTION for Leave to File Excess Pages. The page limit of Defendants' memorandum of law in support of their Motion to Dismiss is hereby extended to 30 pages. Plaintiff's pag elimit for her memorandum of law in opposition to the Motion to Dismiss is similarly extended to 30 pages. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/29/2021) (jca)
January 28, 2021 Opinion or Order Filing 39 LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from Rashmee Sinha dated January 28, 2021. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
January 22, 2021 Opinion or Order Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 1/22/2021. Attorneys Alex Hartzband and Camilo Burr present for the plaintiff. Attorneys Rashmee Sinha and Monique Robotham present for the defendants. Court Reporter Vincent Bologna present. (anc)
January 22, 2021 Opinion or Order Filing 38 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Deposition due by 8/12/2021. All Fact Discovery due by 6/28/2021. All Expert Discovery due by 8/12/2021. This case is to be tried to a jury. The next Pretrial Conference set for 7/2/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/22/2021) (ama)
January 22, 2021 Opinion or Order Filing 37 ORDER: IT IS HEREBY ORDERED that Defendants' request to stay discovery pending the resolution of a forthcoming Motion to Dismiss is DENIED. IT IS FURTHER ORDERED that Plaintiff must provide HIPAA-compliant medical release authorizations to Defendants by no later than Friday, January 29, 2021. Discovery of medical records is limited to five years of mental health records and two years of physical health records, including from Plaintiff's internist and OBGYN. The Court will enter a case management plan by separate order. The parties are further reminded that in the event of a discovery dispute, they must follow Rule 3(B) of the undersigned's Individual Practices in Civil Cases.IT IS FURTHER ORDERED that if, at any time, both parties want a settlement conference with the assigned Magistrate Judge or a referral to the Court-annexed mediation program, they may submit a joint letter requesting a referral. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/22/2021) (ama)
January 22, 2021 Opinion or Order Filing 36 PRE-CONFERENCE STATEMENT . Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity)..(Sinha, Rashmee)
January 21, 2021 Opinion or Order Filing 35 RESPONSE re: #34 Initial Report of Parties Before Pretrial Conference, . Document filed by Ariel Zuckerman. (Attachments: #1 Exhibit A - January 15, 2021 Email, #2 Exhibit B - January 13, 2021 Email, #3 Exhibit C - January 15, 2021 Email, #4 Exhibit D - January 15, 2021 Email, #5 Exhibit E - January 15, 2021 Email, #6 Exhibit F - January 15, 2021 Email).(Huot, Innessa)
January 21, 2021 Opinion or Order Filing 34 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
January 15, 2021 Opinion or Order Filing 33 JOINT LETTER addressed to Judge Valerie E. Caproni from Innessa M. Huot dated January 15, 2021 re: Proposed Case Management Plan. Document filed by Ariel Zuckerman. (Attachments: #1 Proposed Case Management Plan).(Huot, Innessa)
January 8, 2021 Opinion or Order Filing 32 ORDER denying as moot #25 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants Motion to Dismiss is denied as moot. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 25. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 1/8/2021) (ks)
January 8, 2021 Opinion or Order Filing 31 LETTER addressed to Judge Valerie E. Caproni from Innessa M. Huot dated January 8, 2021 re: Redlined Version of Plaintiff's First Amended Complaint. Document filed by Ariel Zuckerman. (Attachments: #1 Redlined Version of Plaintiff's First Amended Complaint).(Huot, Innessa)
January 8, 2021 Opinion or Order Filing 30 FIRST AMENDED COMPLAINT amending #1 Complaint against GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity) with JURY DEMAND.Document filed by Ariel Zuckerman. Related document: #1 Complaint..(Huot, Innessa)
December 23, 2020 Opinion or Order Filing 29 LETTER addressed to Judge Valerie E. Caproni from Innessa M. Huot dated 12/23/2020 re: Amending Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa)
December 21, 2020 Opinion or Order Filing 28 NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on January 22, 2021 at 2:00 p.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 8742. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/22/2021 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/21/2020) (jca)
December 18, 2020 Opinion or Order Filing 27 MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss . . Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
December 18, 2020 Opinion or Order Filing 26 DECLARATION of Rashmee Sinha in Support re: #25 MOTION to Dismiss .. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity). (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - EEOC Charge).(Sinha, Rashmee)
December 18, 2020 Opinion or Order Filing 25 MOTION to Dismiss . Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
December 18, 2020 Opinion or Order Filing 24 ORDER: granting #23 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/18/2020) (ama)
December 18, 2020 Opinion or Order Filing 23 LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from Rashmee Sinha dated December 18, 2020. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
November 18, 2020 Opinion or Order Filing 22 ORDER granting in part and denying in part #19 Letter Motion for Extension of Time to Answer re #1 Complaint. Defendants' time to answer is hereby adjourned to Friday, December 18, 2020. The Court reminds the parties to be courteous and professional with opposing counsel. So Ordered. (Signed by Judge Valerie E. Caproni on 11/17/20) (yv)
November 18, 2020 Opinion or Order Set/Reset Deadlines: All Defendants. (yv)
November 17, 2020 Opinion or Order Filing 21 LETTER REPLY to Response to Motion addressed to Judge Valerie E. Caproni from Rashmee Sinha dated November 17, 2020 re: #19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Rashmee Sinha dated November 17, 2020. . Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
November 17, 2020 Opinion or Order Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Innessa M. Huot dated November 17, 2020 re: #19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Rashmee Sinha dated November 17, 2020. . Document filed by Ariel Zuckerman..(Huot, Innessa)
November 17, 2020 Opinion or Order Filing 19 LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Rashmee Sinha dated November 17, 2020. Document filed by GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
November 17, 2020 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Rashmee Sinha on behalf of GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Sinha, Rashmee)
November 17, 2020 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Monique Robotham on behalf of GW Acquisition LLC, Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity), Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity)..(Robotham, Monique)
November 9, 2020 Opinion or Order Filing 16 AFFIDAVIT OF SERVICE. Michael Marinoff(in his individual capacity) served on 11/2/2020, answer due 11/23/2020; Michael Marinoff(in his professional capacity) served on 11/2/2020, answer due 11/23/2020. Service was accepted by Rashmee R. Sinha, Counsel for Defendants. Service was made by Mail. Document filed by Ariel Zuckerman..(Hartzband, Alex)
November 9, 2020 Opinion or Order Filing 15 AFFIDAVIT OF SERVICE. Albert Maleh(in his professional capacity) served on 11/2/2020, answer due 11/23/2020; Albert Maleh(in his individual capacity) served on 11/2/2020, answer due 11/23/2020. Service was accepted by Rashmee R. Sinha, Counsel for Defendants. Service was made by Mail. Document filed by Ariel Zuckerman..(Hartzband, Alex)
November 9, 2020 Opinion or Order Filing 14 AFFIDAVIT OF SERVICE. GW Acquisition LLC served on 11/2/2020, answer due 11/23/2020. Service was accepted by Rashmee R. Sinha, Counsel for Defendants. Document filed by Ariel Zuckerman..(Hartzband, Alex)
October 22, 2020 Opinion or Order Filing 13 ELECTRONIC SUMMONS ISSUED as to Michael Marinoff(in his individual capacity), Michael Marinoff(in his professional capacity). (sj)
October 22, 2020 Opinion or Order Filing 12 ELECTRONIC SUMMONS ISSUED as to Albert Maleh(in his professional capacity), Albert Maleh(in his individual capacity). (sj)
October 22, 2020 Opinion or Order Filing 11 ELECTRONIC SUMMONS ISSUED as to GW Acquisition LLC. (sj)
October 22, 2020 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Camilo Malcolm X Burr Di Mauro on behalf of Ariel Zuckerman..(Burr Di Mauro, Camilo)
October 21, 2020 Opinion or Order Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to ALBERT MALEH, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa)
October 21, 2020 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to MICHAEL MARINOFF, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa)
October 21, 2020 Opinion or Order Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to GW ACQUISITION LLC d/b/a G&W INDUSTRIES, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa)
October 21, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Innessa Melamed Huot. The party information for the following party/parties has been modified: GW Acquisition LLC d/b/a G&W Industries; Michael Marinoff; Albert Maleh. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party was modified to add alias separately. (jgo)
October 21, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Innessa Melamed Huot re: Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add parties Michael Marinoff with party text 'in his professional capacity' and Albert Maler with party text 'in his professional capacity'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
October 21, 2020 Opinion or Order 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. (jgo)
October 21, 2020 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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)
October 21, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Innessa Melamed Huot to RE-FILE Document No. #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form dated June 2012. 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. (jgo)
October 21, 2020 Opinion or Order Case Designated ECF. (jgo)
October 21, 2020 Opinion or Order ADD PARTY FOR PLEADING. Defendants/Respondents Michael Marinoff, Albert Maleh added. Party added pursuant to #1 Complaint.Document filed by Ariel Zuckerman. Related document: #1 Complaint..(Huot, Innessa)
October 20, 2020 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Alex Jeffrey Hartzband on behalf of Ariel Zuckerman..(Hartzband, Alex)
October 20, 2020 Opinion or Order Filing 5 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to ALBERT MALEH, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa) Modified on 10/21/2020 (jgo).
October 20, 2020 Opinion or Order Filing 4 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MICHAEL MARINOFF, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa) Modified on 10/21/2020 (jgo).
October 20, 2020 Opinion or Order Filing 3 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to GW ACQUISITION LLC d/b/a G&W INDUSTRIES, re: #1 Complaint. Document filed by Ariel Zuckerman..(Huot, Innessa) Modified on 10/21/2020 (jgo).
October 20, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Huot, Innessa)
October 20, 2020 Opinion or Order Filing 1 COMPLAINT against GW Acquisition LLC d/b/a G&W Industries, Albert Maleh, Michael Marinoff. (Filing Fee $ 400.00, Receipt Number ANYSDC-22223695)Document filed by Ariel Zuckerman..(Huot, Innessa)

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Defendant: Michael Marinoff
Represented By: Monique Robotham
Represented By: Rashmee Sinha
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Defendant: GW Acquisition LLC d/b/a G&W Industries
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Defendant: Albert Maleh
Represented By: Monique Robotham
Represented By: Rashmee Sinha
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Defendant: GW Acquisition LLC doing business as G&W Industries
Represented By: Monique Robotham
Represented By: Rashmee Sinha
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Plaintiff: Ariel Zuckerman
Represented By: Innessa Melamed Huot
Represented By: Alex Jeffrey Hartzband
Represented By: Camilo Malcolm X Burr Di Mauro
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