Fetet et al v. Altice USA, Inc. et al
| Said Haoual and Yohann Fetet |
| Altice USA, Inc. and Universal Cable Holdings, Inc. |
| 1:2021cv01512 |
| February 19, 2021 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Other |
| 28 U.S.C. § 1332 nr |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2021. A more recent docket listing may be available from PACER.
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Filing 35
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Yohann Fetet, Said Haoual pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Chinn, Lloyd)
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Filing 34
ORDER OF DISCONTINUANCE.... It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by September 12, 2021. If no such application is made by that date, the dismissal of the action is with prejudice. See Muze, Inc. v. Digital on Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). ( Motions due by 9/12/2021.) (Signed by Judge Denise L. Cote on 8/19/2021) (vfr)
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Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 8/4/2021. Mediation Status due by 9/3/2021. (sb)
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Filing 32
ANSWER to #19 Amended Complaint,., COUNTERCLAIM against Yohann Fetet, Said Haoual. Document filed by Altice USA, Inc...(Chinn, Lloyd)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 8/4/2021 at 10:00 AM through video conference.(ah)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/23/2021.(ah)
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Filing 31
SCHEDULING ORDER: Accordingly, it is hereby ORDERED that the parties shall serve their document demands by Friday, July 30. IT IS FURTHER ORDERED that the parties shall participate in mediation in good faith in July or August 2021. IT IS FURTHER ORDERED that a conference shall be held on Wednesday, September 29 at 4:00 p.m. in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, NY 10007. At that conference, the Court will schedule depositions and the remainder of the litigation. The Court will assume that the parties will have completed all document discovery by the time of the conference. Status Conference set for 9/29/2021 at 04:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/13/2021) (vfr)
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Filing 30
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program to occur in July or August 2021. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/23/2021. (Signed by Judge Denise L. Cote on 7/13/2021) (vfr)
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Filing 29
OPINION & ORDER re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. filed by Altice USA, Inc., Universal Cable Holdings, Inc. The Defendants' April 23, 2021 motion to dismiss portions of the Amended Complaint is granted. The plaintiffs' claims against Universal and CSC are dismissed in their entirety. The plaintiff's claims against Altice that the Defendants' motion did not oppose may proceed. These include counts 2, 3, and 8, as well as count 4 as it related to the plaintiffs' severance payments. Universal Cable Holdings, Inc. terminated. (Signed by Judge Denise L. Cote on 7/12/2021) (vfr)
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Filing 28
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. . Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 27
DECLARATION of Van Leeuwen in Opposition re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss.. Document filed by Yohann Fetet, Said Haoual. (Attachments: #1 Exhibit A - Amended Consolidated Complaint, #2 Exhibit B- Bonus Plan, #3 Exhibit C- Settlement Agreement, #4 Exhibit D - Article, #5 Exhibit E - Earnings Statement).(Van Leeuwen, David)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. . Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 25
DECLARATION of Lloyd B. Chinn in Support in Support re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss.. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc.. (Attachments: #1 Exhibit A: Amended Incentive Bonus Plan, #2 Exhibit B: Incentive Bonus Plan, #3 Exhibit C: Settlement Agreement, #4 Exhibit D: Demand Letter).(Chinn, Lloyd)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. . Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 23
MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 4/23/2021. (Court Reporter Eve Giniger) (jwh)
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Filing 22
ORDER denying as moot #12 MOTION to Dismiss. Accordingly, it is hereby ORDERED that the defendants March 9 motion shall be terminated as moot. IT IS FURTHER ORDERED that the defendants in 21cv1512 and 21cv1532 shall respond to the amended complaint by April 23. If the defendants renew their motion to dismiss, the plaintiffs shall file any opposition to the renewed motion by May 7. Defendants shall file any reply by May 14. (Signed by Judge Denise L. Cote on 3/31/2021) (jca)
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Set/Reset Deadlines: Altice USA, Inc. answer due 4/23/2021; Universal Cable Holdings, Inc. answer due 4/23/2021. Motions due by 4/23/2021. Responses due by 5/7/2021, Replies due by 5/14/2021. (jca)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Charlton Van Leeuwen to RE-FILE re: Document No. #19 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; The amended complaint was filed incorrectly on the due date. Permission from Chambers will be needed to refile the Amended Complaint.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc)
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Filing 21
DECLARATION of Lloyd B. Chinn, in Support re: #12 MOTION to Dismiss .. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc.. (Attachments: #1 Exhibit 1).(Chinn, Lloyd)
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Filing 20
REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss . THE COMPLAINT OF PLAINTIFFS YOHANN FETET AND SAID HAOUAL. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 19
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT against Altice USA, Inc., Universal Cable Holdings, Inc. with JURY DEMAND.Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David) Modified on 3/31/2021 (pc).
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Filing 18
DECLARATION of Van Leeuwen in Opposition re: #12 MOTION to Dismiss .. Document filed by Yohann Fetet, Said Haoual. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Bonus Plan).(Van Leeuwen, David)
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Filing 17
MEMORANDUM OF LAW in Opposition re: #12 MOTION to Dismiss . . Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 16
ORDER: Accordingly, it is hereby ORDERED that the plaintiffs shall promptly serve the summons and complaint on the defendants in 21cv1532. IT IS FURTHER ORDERED that the plaintiffs shall file an amended consolidated complaint by March 30, 2021. It is unlikely that the plaintiffs will have a further opportunity to amend to respond to any arguments presented in the March 9 motion to dismiss. (Amended Pleadings due by 3/30/2021.) (Signed by Judge Denise L. Cote on 3/15/2021) (jca)
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Filing 15
LETTER addressed to Judge Denise L. Cote from Van Leeuwen dated 3-10-21 re: Response Letter to Letter from Attorney Chinn. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 14
DECLARATION of Lloyd B. Chinn in Support re: #12 MOTION to Dismiss .. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc.. (Attachments: #1 Exhibit 1).(Chinn, Lloyd)
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Filing 13
MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss . . Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 12
MOTION to Dismiss . Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 11
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on counsel for Plaintiffs Yohann Fetet and Said Haoual on March 8, 2021. Service was made by electronic mail. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 10
LETTER addressed to Judge Denise L. Cote from Lloyd B. Chinn dated March 8, 2021 re: Consolidation of Cases. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 9
NOTICE OF APPEARANCE by David Charlton Van Leeuwen on behalf of Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 8
AFFIDAVIT OF SERVICE of Notice of Filling of Notice of Removal served on County Clerk, Supreme Court of the County of New York on 1/19/2021. Service was made by Email (NYSEF E-filing System). Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. Due to the COVID-19 pandemic, the initial pretrial conference will be held telephonically. Prior to the date of the conference, counsel for all parties shall register as filing users in accordance with the Procedures for Electronic Case Filing, and as further set forth in this order. Initial Conference set for 4/23/2021 at 03:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749. Access code: 4324948. The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 2/23/2021) (jwh)
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Filing 6
CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet, Notice of Filing of Notice of Removal, Individual Rules for the Hon. Denise L. Cote, Individual Rules for Hon. Sarah Netburn, and the SDNY ECF Instructions and Rules served on David Van Leeuwen, Esq. on 2/19/2021 and 2/22/2021. Service was made by Email and Mail. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 5
CIVIL COVER SHEET filed..(Chinn, Lloyd)
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Filing 4
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651059/2021..Document filed by Universal Cable Holdings, Inc., Altice USA, Inc.. (Attachments: #1 Exhibit A: Summons and Complaint).(Chinn, Lloyd)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lloyd Blades Chinn to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be separated and labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lloyd Blades Chinn to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple Nature of Suit codes were selected; multiple Citizenship Plaintiff codes were selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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)
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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. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Classic Cable, Inc., Other Affiliate Altice USA, Inc. for Universal Cable Holdings, Inc.. Document filed by Altice USA, Inc., Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Chinn, Lloyd) Modified on 2/22/2021 (jgo).
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Filing 1
FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651059/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24006535).Document filed by Universal Cable Holdings, Inc., Altice USA, Inc.. (Attachments: #1 Exhibit A).(Chinn, Lloyd) Modified on 2/22/2021 (jgo).
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