The Browning School v. Hallford et al
Plaintiff: The Browning School
Defendant: Criston Cicala and Tate Hallford
Case Number: 1:2020cv09084
Filed: October 29, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: Defendant
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 19, 2021 Filing 47 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs. Document filed by The Browning School. Proposed Order to be reviewed by Clerk's Office staff...(Luz, Thomas)
August 19, 2021 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #47 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal in a closed case. (km)
August 11, 2021 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The Browning School. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Luz, Thomas) Modified on 8/11/2021 (km).
August 11, 2021 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Thomas Luz. RE-FILE Document No. #46 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). The docket entry text needs to match the document. Please re-file document and when re-filing do not select that the document is pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Your document does not cite to Fed. R. Civ. P. 41(a)(1)(A)(ii)). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
June 11, 2021 Opinion or Order Filing 45 ORDER: Accordingly, the Court awards Hallford her reasonable attorneys' fees and costs in the amount of $17,236.50, and no later than June 25, 2021, Cicala shall pay to Hallford $17,236.50. This order resolves all pending issues before the Court. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/11/2021) Copies transmitted this date to all counsel of record. (mml)
May 20, 2021 Opinion or Order Filing 44 ORDER: The Court is in receipt of Defendant Hallford's application for attorneys fees. If Defendant Cicala intends to submit a response, he shall do so no later than May 25, 2021. SO ORDERED. (Responses due by 5/25/2021) (Signed by Magistrate Judge Robert W. Lehrburger on 5/20/2021) Copies transmitted this date to all counsel of record. (mml)
March 30, 2021 Opinion or Order Filing 43 ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Courts calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELED. (Signed by Judge Lorna G. Schofield on 3/30/2021) (cf)
March 29, 2021 Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Settlement Conference held via telephone on 3/29/2021 at 1:30 p.m. Case Settled. (rsh)
March 9, 2021 Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-Settlement Telephone Conference held on 3/9/2021 at 10:00 a.m. (rsh)
March 8, 2021 Filing 42 LETTER addressed to Judge Lorna G. Schofield from Thomas Luz dated March 8, 2021 re: Joint Status Letter. Document filed by The Browning School..(Luz, Thomas)
February 19, 2021 Opinion or Order Filing 41 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/19/2021) (kv)
February 18, 2021 Filing 40 PROPOSED PROTECTIVE ORDER. Document filed by The Browning School..(Luz, Thomas)
January 29, 2021 Filing 39 ANSWER to #36 Crossclaim. Document filed by Tate Hallford..(Turkel, Avram)
January 22, 2021 Filing 38 ANSWER to #13 Counterclaim. Document filed by The Browning School..(Luz, Thomas)
January 22, 2021 Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Browning School..(Luz, Thomas)
January 21, 2021 Filing 36 ANSWER to #14 Crossclaim., CROSSCLAIM against Tate Hallford. Document filed by Criston Cicala..(Cicala, Criston)
January 8, 2021 Filing 35 NOTICE of Hearing: Settlement Conference via telephone set for 3/29/2021 at 1:30 PM before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than March 22, 2021, by 5:00 p.m.(rsh)
January 8, 2021 Filing 34 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 3/9/2021 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348.(rsh)
January 7, 2021 Opinion or Order Filing 33 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Joinder of Parties due by 1/7/2021. Fact Discovery due by 5/7/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 3 days. By 3/8/2021, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By 5/21/2021, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. Pre-Motion Conference set for 7/8/2020 at 10:40 AM before Judge Lorna G. Schofield. So Ordered. (Signed by Judge Lorna G. Schofield on 1/7/2021) (va)
January 7, 2021 Opinion or Order Filing 32 ORDER: For the reasons stated during the conference, it is hereby ORDERED that discovery related to Mr. Cicalas counterclaims of unjust enrichment is STAYED. (Signed by Judge Lorna G. Schofield on 1/7/2021) (va)
January 7, 2021 Opinion or Order Filing 31 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. The above entitled action is referred to the Hon. Robert W. Lehrburger. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Lorna G. Schofield on 1/7/2021) (va)
January 7, 2021 Filing 30 NOTICE OF APPEARANCE by Lucian C. Chen on behalf of Criston Cicala..(Chen, Lucian)
January 7, 2021 Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 1/7/2021. (Court Reporter Present) (jcs)
December 31, 2020 Filing 29 PROPOSED CASE MANAGEMENT PLAN. Document filed by The Browning School. (Attachments: #1 Exhibit Letter to Judge).(Luz, Thomas)
December 28, 2020 Opinion or Order Filing 28 ORDER granting #19 Letter Motion for Conference. By January 4, 2021, Defendant Tate Hallford shall file a responsive letter. Mr. Cicala's anticipated motion to dismiss Ms. Hallford's cross claims (Dkt. No. 26), and Plaintiff's anticipated motion to dismiss Mr. Cicala's counterclaims will be discussed during the initial pre-trial conference scheduled for January 7, 2021, (Dkt. No. 4). The Clerk of Court is respectfully directed to close the motion at Dkt. No. 19. So Ordered. (Signed by Judge Lorna G. Schofield on 12/28/2020) (va)
December 28, 2020 Filing 27 FIRST LETTER addressed to Judge Lorna G. Schofield from Tate Hallford dated 12/28/2020 re: Opposition to Cicala letter of 12/24/20 requesting leave to move to dismiss Cross Claim. Document filed by Tate Hallford..(Turkel, Avram)
December 24, 2020 Filing 26 LETTER addressed to Judge Lorna G. Schofield from Criston Cicala dated 12/24/2020 re: The Browning School v Tate Hallford et al, 1:20-cv-09084. Document filed by Criston Cicala..(Cicala, Criston)
December 22, 2020 Filing 25 AMENDED NOTICE OF REMOVAL against The Browning School; amending #1 Notice of Removal,.Document filed by Criston Cicala. Related document: #1 Notice of Removal,. (Attachments: #1 Declaration of Criston E. Cicala In Support of Notice of Removal, #2 Corrected Exhibit 1, #3 Consent for Filing).(Cicala, Criston)
December 18, 2020 Opinion or Order Filing 24 MEMO ENDORSEMENT: on re: #23 Letter filed by Criston Cicala. ENDORSEMENT: By December 31, 2020, the parties shall meet and confer to attempt to resolve any outstanding disputes and pursuant to the Court's Order at Docket No. 4, shall jointly file a proposed case management plan and letter. The Court will consider the parties' joint submission and will set a schedule at the January 7, 2021, initial pretrial conference. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/18/2020) (ama)
December 17, 2020 Filing 23 LETTER addressed to Judge Lorna G. Schofield from Criston E. Cicala dated 12/17/2020 re: Defendant Letter to Court Addressing Plaintiff's Improper Filing of a Unilateral Case Management Plan. Document filed by Criston Cicala..(Cicala, Criston)
December 17, 2020 Filing 22 PROPOSED CASE MANAGEMENT PLAN. Document filed by The Browning School..(Luz, Thomas)
December 15, 2020 Opinion or Order Filing 21 ORDER with respect to #19 Letter Motion for Conference: By December 21, 2020, Defendant Criston Cicala shall file a responsive letter. (Signed by Judge Lorna G. Schofield on 12/15/2020) (jwh)
December 15, 2020 Filing 20 LETTER addressed to Judge Lorna G. Schofield from Criston E. Cicala dated 12/15/2020 re: Defendants Letter to Court in Response to Plaintiffs Proposed Motion to Dismiss Defendants Counterclaims. Document filed by Criston Cicala..(Cicala, Criston)
December 15, 2020 Set/Reset Deadlines as to #19 LETTER MOTION for Conference pre-motion to dismiss. Responses due by 12/21/2020. (jwh)
December 14, 2020 Filing 19 LETTER MOTION for Conference pre-motion to dismiss addressed to Judge Lorna G. Schofield from Thomas J. Luz dated December 14, 2020. Document filed by The Browning School..(Luz, Thomas)
December 14, 2020 Filing 18 LETTER addressed to Judge Lorna G. Schofield from Criston Cicala dated 12/14/2020 re: The Browning School v Tate Hallford et al, 1:20-cv-09084. Document filed by Criston Cicala..(Cicala, Criston)
December 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Criston Edward Cicala to RE-FILE re: Document No. #17 Amended Notice of Removal,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the pleading must be titled to correspond with the event type used (Amended Notice of Removal); the pleading was filed incorrectly on the due date, therefore Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
December 11, 2020 Filing 17 FILING ERROR - PDF ERROR - AMENDED NOTICE OF REMOVAL against The Browning School; amending #1 Notice of Removal,.Document filed by Criston Cicala. Related document: #1 Notice of Removal,. (Attachments: #1 Declaration of Criston E. Cicala In Support of Notice of Removal, #2 Corrected Exhibit 1).(Cicala, Criston) Modified on 12/14/2020 (jgo).
December 9, 2020 Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by Criston Cicala ENDORSEMENT: The application is GRANTED. By December 11, 2020, Defendant Criston E. Cicala shall file a direct replacement of the Notice of Removal at Docket No. 1. The replacement shall be amended only to reflect Plaintiff's redactions to the related Complaint filed in the Supreme Court of New York, New York County. (Signed by Judge Lorna G. Schofield on 12/9/2020) (jwh)
December 8, 2020 Filing 15 LETTER addressed to Judge Lorna G. Schofield from Criston Cicala dated 12/8/2020 re: The Browning School v Tate Hallford et al, 1:20-cv-09084. Document filed by Criston Cicala..(Cicala, Criston)
December 4, 2020 Filing 14 ANSWER to Complaint., CROSSCLAIM against Criston Cicala. Document filed by Tate Hallford..(Turkel, Avram)
December 4, 2020 Filing 13 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against The Browning School. Document filed by Criston Cicala..(Cicala, Criston)
November 16, 2020 Opinion or Order Filing 12 MEMO ENDORSEMENT: on re: #11 Letter filed by Criston Cicala. ENDORSEMENT: The application is GRANTED. Defendants shall file a responsive pleading by December 4, 2020. Pursuant to Individual Rule III.A.1, by December 14, 2020, Mr. Cicala shall file a pre-motion letter in anticipation of an early motion for summary judgment that identifies all of the issues in dispute and explains the legal and other grounds for the motion. By December 21, 2020, Plaintiff shall file a responsive letter. Mr. Cicala's proposed motion will be discussed during the initial pre-trial conference scheduled for January 7, 2021. SO ORDERED., ( Responses due by 12/21/2020) (Signed by Judge Lorna G. Schofield on 11/16/2020) (ama)
November 13, 2020 Filing 11 LETTER addressed to Judge Lorna G. Schofield from Criston E. Cicala dated 11/13/2020 re: Extension to File Responsive Pleading. Document filed by Criston Cicala..(Cicala, Criston)
November 10, 2020 Filing 10 NOTICE OF APPEARANCE by Avram Solomon Turkel on behalf of Tate Hallford..(Turkel, Avram)
November 9, 2020 Opinion or Order Filing 9 MEMO ENDORSEMENT on re: #5 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Criston Cicala. ENDORSEMENT: This Order vacates the prior November 6, 2020, Order at Docket No. 8. Defendant's motion to dismiss is DENIED without prejudice to renewal. The Court directs Defendant's attention to Individual Rule III.C.2, which requires a movant to file a pre-motion letter with the Court, in the manner provided in Individual III.A.1, prior to filing a motion to dismiss. (Signed by Judge Lorna G. Schofield on 11/9/2020) (cf)
November 6, 2020 Opinion or Order Filing 8 Vacated as per Judges Order dated 11/9, Doc. # 9 ORDER denying without prejudice to renewal #5 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Defendant's motion to dismiss is DENIED with prejudice to renewal. The Court directs Defendant's attention to Individual Rule III.C.2, which requires a movant to file a pre-motion letter with the Court, in the manner provided in Individual Rule III.A.1, prior to filing a motion to dismiss. (Signed by Judge Lorna G. Schofield on 11/6/2020) (jca) Modified on 11/9/2020 (cf).
November 5, 2020 Filing 7 NOTICE OF APPEARANCE by Thomas John Luz on behalf of The Browning School..(Luz, Thomas)
November 5, 2020 Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Criston Cicala. (Attachments: #1 Text of Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint).(Cicala, Criston)
November 5, 2020 Filing 5 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Criston Cicala..(Cicala, Criston)
November 5, 2020 Opinion or Order Filing 4 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at January 7, 2021 at 10:40 a.m. The conference will be telephonic. (As further set forth in this Order.) Initial Conference set for 1/7/2021 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/5/2020) (cf)
October 30, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(pc)
October 30, 2020 Magistrate Judge Robert W. Lehrburger 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. (pc)
October 30, 2020 Case Designated ECF. (pc)
October 29, 2020 Filing 3 CERTIFICATE OF SERVICE of Notice of Removal served on The Browning School & Tate Hallford on 10/29/2020. Service was made by Mail. Document filed by Criston Cicala..(Cicala, Criston)
October 29, 2020 Filing 2 CIVIL COVER SHEET filed..(Cicala, Criston)
October 29, 2020 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654886/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22370225).Document filed by Criston Cicala. (Attachments: #1 Declaration of Criston E. Cicala In Support of Notice of Removal, #2 Exhibit Exhibit 1 to Declaration of Criston E. Cicala).(Cicala, Criston)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: The Browning School v. Hallford et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: The Browning School
Represented By: Thomas John Luz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Criston Cicala
Represented By: Criston Edward Cicala
Represented By: Lucian C. Chen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Tate Hallford
Represented By: Avram Solomon Turkel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?