Schottenstein v. American Society for the Prevention of Cruelty to Animals (ASPCA) et al
| Dr. Douglas Schottenstein |
| Blue Pearl Operations LLC, American Society for the Prevention of Cruelty to Animals (ASPCA), CITY OF NEW YORK, John & Jane Doe 1-10, Blue Pearl Holdings LLC and Detective "John" Ward |
| 1:2020cv09961 |
| November 25, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Civil Rights: Other |
| 28 U.S.C. § 1331 cv Fed. Question: Other Civil Rights |
| Both |
Docket Report
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Filing 29
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a)(1)(A)(ii) OF THE FEDERAL RULES OF CIVIL PROCEDURE ("F.R.C.P."): 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 all defendant(s) American Society for the Prevention of Cruelty to Animals (ASPCA), Blue Pearl Holdings LLC, Blue Pearl Operations LLC, CITY OF NEW YORK, John & Jane Doe 1-10, "John" Ward, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/2/2021) (vfr)
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| Filing 28 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 Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Douglas Schottenstein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Rosenthal, Richard) |
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Filing 27
ORDER. The parties are ORDERED to confer and to submit a status update to the Court within one week of this order. In the status update, the parties shall inform the Court whether they seek referral to the Magistrate Judge for settlement purposes or, alternatively, whether they seek entry of the Rule 26(f) case management plan. Plaintiff is advised that failure to respond to this order by May 28, 2021 may result in the action being dismissed with prejudice for failure to prosecute. See United States ex rel. Drake v. Norden Systems, 375 F.3d 248, 250 (2d Cir. 2004) (noting "a district judge's authority to dismiss actions based on a plaintiff's failure to prosecute"). SO ORDERED. (Signed by Judge Alison J. Nathan on 5/21/2021) (rjm)
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Filing 26
MEMO ENDORSEMENT re: #25 Letter filed by Douglas Schottenstein. ENDORSEMENT: The initial pretrial conference is hereby adjourned sine die. The parties shall advise the Court within two weeks of this Order whether they seek a referral to Magistrate Judge Sarah Netburn for settlement purposes. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/11/2021) (nb)
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| Filing 25 LETTER addressed to Judge Alison J. Nathan from Plaintiff's Attorneys dated March 9, 2021 re: settlement. Document filed by Douglas Schottenstein..(Rosenthal, Richard) |
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Filing 24
ORDER: As provided in the notice of initial pretrial conference, Dkt. No. 10, the parties were to have submitted a joint letter and proposed case management plan no later than 7 days before the conference. As of the date of this Order, the Court has not received the parties' materials. The Court therefore ORDERS that the initial pretrial conference scheduled for March 5, 2021 is hereby adjourned to March 12, 2021 at 3:00 p.m. The parties are further ORDERED to submit the materials described in Dkt. No. 10 by March 5, 2021. As noted in Dkt. No. 19, in the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone. The parties and members of the public may access the proceeding by dialing (888) 363-4749 and entering access code 9196964.This is the second time the Court has had to adjourn the initial pretrial conference due to a failure to submit the required materials. The Court again warns that failure to abide by this Order may result in the case being dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b); Baptiste v. Sommers, 768 F.3d 212, 216 (2d Cir. 2014) (Rule 41(b) of the Federal Rules of Civil Procedure authorizes the district court to dismiss an action '[i]f the plaintiff fails to prosecute or to comply with [the] rules or a court order.')., (Initial Conference set for 3/12/2021 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/3/2021) (nb)
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| Filing 23 LETTER addressed to Judge Alison J. Nathan from Richard Rosenthal and Michela Huth dated 2/17/2021 re: Re: ECF Doc #22. Document filed by Douglas Schottenstein..(Huth, Michela) |
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Filing 22
ORDER: The initial pretrial conference scheduled for February 12, 2021 is hereby adjourned to March 5, 2021 at 3:00 p.m. The parties are again ORDERED to confer as stated in Dkt. No. 10. Counsel for Plaintiff is hereby ORDERED to file a letter by no later than February 19, 2021 explaining why they have not yet conferred with opposing counsel in advance of the initial pretrial conference, as ordered in Dkt. No. 10. See Dkt. No. 21. Failure to abide by this Order may result in the case being dismissed for failure to prosecute, and as further set forth in this Order. So ordered. (Initial Conference set for 3/5/2021 at 03:00 PM before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 2/11/2021) (rjm)
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| Filing 21 LETTER addressed to Judge Alison J. Nathan from Ellen H. Greiper dated February 9, 2021 re: Plaintiff's failure to Respond. Document filed by American Society for the Prevention of Cruelty to Animals (ASPCA)..(Greiper, Ellen) |
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Filing 20
ORDER: The parties' joint letter and proposed case management plan were due on February 5, 2021, see Dkt. No. 10. The Court has not received them. The parties are ordered to file their joint letter and proposed case management plan-and to respond to the Court's February 1, 2021 Order, see Dkt. No. 19-by February 9, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/8/2021) (ks)
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Filing 19
ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Per the Court's notice of initial pretrial conference, the parties shall submit their proposed case management plan and joint letter no later than seven days prior to the scheduled conference. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone. The parties and members of the public may access the proceeding by dialing (888) 363-4749 and entering access code 9196964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. (Signed by Judge Alison J. Nathan on 2/1/2021) (nb)
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| Filing 18 RULE 26 DISCLOSURE.Document filed by Blue Pearl Holdings LLC, Blue Pearl Operations LLC..(McNamee, Glenn) |
| Filing 17 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Blue Pearl Holdings LLC, Blue Pearl Operations LLC..(McNamee, Glenn) |
| Filing 16 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Pearl Holdings LLC, Blue Pearl Operations LLC..(McNamee, Glenn) |
| Filing 15 NOTICE OF APPEARANCE by Frances I Polifione on behalf of CITY OF NEW YORK..(Polifione, Frances) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society for the Prevention of Cruelty to Animals (ASPCA)..(Greiper, Ellen) |
| Filing 13 RULE 26 DISCLOSURE.Document filed by American Society for the Prevention of Cruelty to Animals (ASPCA)..(Greiper, Ellen) |
| Filing 12 REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by American Society for the Prevention of Cruelty to Animals (ASPCA)..(Greiper, Ellen) |
| Filing 11 ANSWER to Complaint with JURY DEMAND. Document filed by American Society for the Prevention of Cruelty to Animals (ASPCA)..(Greiper, Ellen) |
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 2/12/2021 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 12/8/2020) (kv)
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| Filing 9 NOTICE OF APPEARANCE by Taryn Michelle Fitzgerald on behalf of Blue Pearl Holdings LLC, Blue Pearl Operations LLC..(Fitzgerald, Taryn) |
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Filing 8
ORDER terminating #7 Letter Motion to Continue. The Application for a Temporary Restraining Order and Motion for a Preliminary Injunction, Dkt. No. 3, is hereby DENIED as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/02/2020) (ama)
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| Filing 7 LETTER MOTION to Continue addressed to Judge Alison J. Nathan from Dr. Schottenstein dated 12/1/2020. Document filed by Douglas Schottenstein..(Huth, Michela) |
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Filing 6
ORDER. Plaintiff has filed an Application for a Temporary Restraining Order and a Motion for a Preliminary Injunction. Dkt. No. 3, and as further specified and set forth in this Order. By December 3, 2020, the parties shall meet and confer and propose a briefing schedule on Plaintiff's motion. Plaintiff is hereby ORDERED to serve this Order on all Defendants. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/1/2020) (rjm)
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| Filing 5 NOTICE OF APPEARANCE by Michela Huth on behalf of Douglas Schottenstein..(Huth, Michela) |
| Filing 4 NOTICE of Email notification of filing application for emergency tro, preliminary & permanent injunction re: #3 EMERGENCY MOTION for Preliminary Injunction . MOTION for Permanent Injunction .EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Douglas Schottenstein..(Rosenthal, Richard) |
| Filing 3 EMERGENCY MOTION for Preliminary Injunction ., MOTION for Permanent Injunction .( Responses due by 11/27/2020), EMERGENCY MOTION for Temporary Restraining Order .( Return Date set for 11/27/2020 at 09:30 AM.) Document filed by Douglas Schottenstein. (Attachments: #1 Exhibit Memorandum, #2 Exhibit Exhibit 1 Plaintiff's CV, #3 Exhibit Exhibit 2 Report of Expert, #4 Affidavit Plaintiff's declaration, #5 Text of Proposed Order proposed order on TRO).(Rosenthal, Richard) |
| Filing 2 CIVIL COVER SHEET filed..(Rosenthal, Richard) |
| Filing 1 COMPLAINT against American Society for the Prevention of Cruelty to Animals (ASPCA), Blue Pearl Holdings LLC, Blue Pearl Operations LLC, CITY OF NEW YORK, John & Jane Doe 1-10, "John" Ward. (Filing Fee $ 400.00, Receipt Number ANYSDC-22752381)Document filed by Douglas Schottenstein..(Rosenthal, Richard) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Bruce Rosenthal. The party information for the following party/parties has been modified: The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (gp) |
| Magistrate Judge Sarah Netburn 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. (gp) |
| Case Designated ECF. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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..(gp) |
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