Pogil v. KPMG, LLP et al
| Boris Pogil |
| KPMG, LLP, Andrew J. Ziegler, David Lin, Lena Haidysh, Scott M. Masaitis, Tonya Christianson and Lara Czerwinski |
| 1:2021cv01528 |
| February 19, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 ed |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2021. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ze22e533710051122 on 3/17/2021. (yv) |
Filing 25
ORDER granting #19 Motion to Remand to State Court. In light of Plaintiff's dismissal of the sole federal claim (see Dkt. No. 12), this case is hereby remanded to New York Supreme Court, New York County. The Clerk of Court is directed to effectuate the remand forthwith. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/16/21) (yv) Transmission to Docket Assistant Clerk for processing.
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| Filing 24 LETTER addressed to Judge J. Paul Oetken from Justine L. Abrams, Esq. dated March 15, 2021 re: Plaintiff's Motion to Remand. Document filed by KPMG, LLP..(Abrams, Justine) |
| Filing 23 RESPONSE in Opposition to Motion re: #13 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 22 AFFIDAVIT of Boris Pogil in Opposition re: #13 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss Plaintiff's Complaint. . Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 20 AFFIRMATION of Garry Pogil in Support re: #19 MOTION to Remand to State Court .. Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 19 MOTION to Remand to State Court . Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 18 PROPOSED ORDER. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler. Related Document Number: #13 ..(Abrams, Justine) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 17 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Plaintiff's Complaint., #8 MOTION to Dismiss . . Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 16 DECLARATION of Defendants' Statement of Material Facts in Support re: #13 MOTION to Dismiss Plaintiff's Complaint., #8 MOTION to Dismiss .. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 15 DECLARATION of Molly Bede in Support re: #13 MOTION to Dismiss Plaintiff's Complaint., #8 MOTION to Dismiss .. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 14 DECLARATION of Justine L. Abrams, Esq. in Support re: #8 MOTION to Dismiss ., #13 MOTION to Dismiss Plaintiff's Complaint.. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler. (Attachments: #1 Exhibit A to Abrams Declaration).(Abrams, Justine) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Garry Pogil to RE-FILE Document #9 MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affirmation in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #18 Proposed Order was reviewed and approved as to form. (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Justine Leigh Abrams to RE-FILE Document #8 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 12 FIRST AMENDED COMPLAINT against Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler.Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 11 LETTER addressed to Judge J. Paul Oetken from Garry Pogil dated March 2, 2021 re: Intention to Amend Pleading. Document filed by Boris Pogil..(Pogil, Garry) |
| Filing 10 LETTER addressed to Judge J. Paul Oetken from Justine L. Abrams, Esq. dated March 1, 2021 re: Defendants' Statement of Undisputed Material Facts in Support of Defendants' Motion for Partial Summary Judgment. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler. (Attachments: #1 Defendants' Statement of Material Facts in Support of Defendants' Partial Motion for Summary Judgment).(Abrams, Justine) |
| Filing 9 MOTION to Remand to State Court . Document filed by Boris Pogil. (Attachments: #1 Affidavit Attorney Affirmation in Support of Motion, #2 Exhibit Affirmation of Service of the Motion).(Pogil, Garry) |
| Filing 8 MOTION to Dismiss . Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler. (Attachments: #1 Affidavit of Justine L. Abrams, #2 Exhibit to Affidavit of Justine L. Abrams, #3 Affidavit of Molly Bede, #4 Brief of Law, #5 Text of Proposed Order Proposed Order, #6 Affidavit of Service).(Abrams, Justine) |
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Filing 7
ORDER denying #6 Letter Motion for Conference: THE REQUEST FOR A CONFERENCE IS DENIED BECAUSE PRE-MOTION CONFERENCES ARE NOT REQUIRED FOR MOTIONS TO REMAND. PLAINTIFF MAY SIMPLY FILE HIS MOTION TO REMAND WITHIN THE APPLICABLE TIME LIMITS. BEFORE DOING SO, HOWEVER, HE SHOULD CONFER WITH DEFENDANTS' COUNSEL AND DISCUSS A POTENTIAL STIPULATION TO WITHDRAW THE FEDERAL CLAIM AND TO REMAND TO STATE COURT. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 6 FIRST LETTER MOTION for Conference (Pre-Motion, seeking a Remand) addressed to Judge J. Paul Oetken from Garry Pogil dated February 22, 2021. Document filed by Boris Pogil..(Pogil, Garry) |
| Magistrate Judge James L. Cott 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE of Certification of Service of Defendants' Notice of Removal with Exhibits A-C, Defendants' Civil Cover Sheet, and Defendants' Rule 7.1 Statement re: #1 Notice of Removal, #3 Civil Cover Sheet, #4 Rule 7.1 Corporate Disclosure Statement, #2 Notice (Other). Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 3 CIVIL COVER SHEET filed..(Abrams, Justine) |
| Filing 2 NOTICE of Exhibits A-C to Defendants' Notice of Removal re: #1 Notice of Removal,. Document filed by Tonya Christianson, Lara Czerwinski, Lena Haidysh, KPMG, LLP, David Lin, Scott M. Masaitis, Andrew J. Ziegler..(Abrams, Justine) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 150640/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24010754).Document filed by Lena Haidysh, Scott M. Masaitis, Lara Czerwinski, Andrew J. Ziegler, Tonya Christianson, KPMG, LLP, David Lin..(Abrams, Justine) |
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