Fetet et al v. Altice USA, Inc. et al
| Said Haoual and Yohann Fetet |
| Altice USA, Inc., CSC Holdings, LLC and Universal Cable Holdings, Inc. |
| 1:2021cv01532 |
| February 19, 2021 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 ds |
| 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 33
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 Universal Cable Holdings, Inc., Altice USA, Inc., CSC Holdings, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Chinn, Lloyd)
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Filing 32
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 31
ANSWER to #15 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 30
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 29
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 28
OPINION & ORDER re: #22 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss filed by CSC Holdings, LLC, 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. CSC Holdings, LLC and Universal Cable Holdings, Inc. terminated. (Signed by Judge Denise L. Cote on 7/12/2021) (vfr)
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Filing 27
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. . Document filed by Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 26
DECLARATION of Van Leeuwen in Opposition re: #22 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 25
MEMORANDUM OF LAW in Opposition re: #22 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 24
DECLARATION of Lloyd B. Chinn in Support in Support re: #22 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss.. Document filed by Altice USA, Inc., CSC Holdings, LLC, 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 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. . Document filed by Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 22
MOTION to Dismiss Defendants' Notice of Partial Motion to Dismiss. Document filed by Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 21
LETTER addressed to Judge Denise L. Cote from Van Leeuwen dated 4-23-21 re: Proposed Case Management Plan. Document filed by Yohann Fetet, Said Haoual. (Attachments: #1 Exhibit Proposed Case Management Plan).(Van Leeuwen, David)
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Filing 20
NOTICE OF APPEARANCE by Lloyd Blades Chinn on behalf of 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 19
LETTER addressed to Judge Denise L. Cote from Van Leeuwen dated 4-22-21 re: Section 5(b) Indiv Rules. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 18
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. Counsel for all parties are directed to participate in the initial pretrial conference at the time and using the dial-in instructions listed below. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference, and to prepare and file a detailed written proposed schedule for any motions and discovery. All conferences with the Court are scheduled for a specific time; there is no other matter scheduled for that time; and counsel are directed to be available promptly. The attorney who will serve as principal trial counsel must participate in the conference. DATE OF CONFERENCE: APRIL 23, 2021 AT 3:00 P.M. 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. SO ORDERED. Initial Conference set for 4/23/2021 at 03:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/20/2021) (ama)
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Filing 17
AFFIDAVIT OF SERVICE. Universal Cable Holdings, Inc. served on 3/26/2021, answer due 4/16/2021. Service was accepted by Nancy Doughtery. Document filed by Yohann Fetet; Said Haoual..(Van Leeuwen, David)
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Filing 16
ORDER denying as moot (12 in 1:21-cv-01512-DLC) 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; CSC Holdings, LLC 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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Filing 15
AMENDED COMPLAINT amending #3 Complaint against Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc. with JURY DEMAND.Document filed by Yohann Fetet, Said Haoual. Related document: #3 Complaint..(Van Leeuwen, David)
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Filing 14
AFFIDAVIT OF SERVICE. CSC Holdings, LLC served on 3/24/2021, answer due 4/14/2021. Service was accepted by Nancy Doughtery. Document filed by Yohann Fetet; Said Haoual..(Van Leeuwen, David)
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Filing 13
AFFIDAVIT OF SERVICE. Altice USA, Inc. served on 3/24/2021, answer due 4/14/2021. Service was accepted by Nancy Doughtery. Document filed by Yohann Fetet; Said Haoual..(Van Leeuwen, David)
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Filing 12
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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NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Lewis J. Liman is no longer assigned to the case. (laq)
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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. (laq)
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CASE ACCEPTED AS RELATED. Create association to 1:21-cv-01512-DLC. (laq)
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Filing 11
LETTER addressed to Judge Lewis J. Liman 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 10
LETTER addressed to Judge Lewis J. Liman from Lloyd B. Chinn dated March 8, 2021 re: Consolidation of Cases. Document filed by Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc...(Chinn, Lloyd)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Universal Cable Holdings, Inc...(jgo)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to CSC Holdings, LLC..(jgo)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Altice USA, Inc...(jgo)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to CSC Holdings, LLC, re: #3 Complaint. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Universal Cable Holdings, Inc., re: #3 Complaint. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Altice USA, Inc., re: #3 Complaint. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 3
COMPLAINT against Altice USA, Inc., CSC Holdings, LLC, Universal Cable Holdings, Inc.. Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David)
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Filing 2
CIVIL COVER SHEET filed..(Van Leeuwen, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Charlton Van Leeuwen to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type 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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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David Charlton Van Leeuwen. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Charlton Van Leeuwen. The following case opening statistical information was erroneously selected/entered: Dollar Demand $72,000,000,000; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the Fee Status code has been modified to pd (paid);. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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)
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Case Designated ECF. (pc)
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Magistrate Judge Stewart D. Aaron 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)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24011872)Document filed by Yohann Fetet, Said Haoual..(Van Leeuwen, David) Modified on 2/22/2021 (pc).
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