Teachers Insurance & Annuity Association of America v. Simons
| Teachers Insurance & Annuity Association of America |
| Melanie Simons |
| 1:2021cv03712 |
| April 27, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Amended Pleadings due by 6/30/2021. (ate)
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Filing 29
ORDER denying as moot #27 Motion to Dismiss. Defendant's motion to dismiss is DENIED as moot. The Clerk of Court is respectfully directed to terminate ECF No. 27. Plaintiff is hereby ORDERED to submit its Amended Complaint by no later than June 30, 2021. (Signed by Judge Andrew L. Carter, Jr on 6/16/2021) (ate)
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Filing 28
LETTER addressed to Judge Andrew L. Carter, Jr. from Christopher Coss dated 06/15/21 re: Request that the Court cancel the current briefing schedule. Document filed by Teachers Insurance & Annuity Association of America..(Coss, Christopher)
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Filing 27
MOTION to Dismiss . Document filed by Melanie Simons. (Attachments: #1 Memorandum of Law).(Maciel, Kara)
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 25
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2021. Redacted Transcript Deadline set for 6/21/2021. Release of Transcript Restriction set for 8/19/2021..(McGuirk, Kelly)
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Filing 24
ORDER: The Court is in receipt of the parties' letters regarding Defendant's request for a pre-motion conference in connection with Defendant's anticipated motion to dismiss. ECF Nos. 22, 23.Upon review of the submissions, the Court denies Defendant's request for a pre-motion conference. Defendant is hereby GRANTED leave to file a motion to dismiss according to the following briefing schedule: Opening brief: June 9, 2021, Opposition brief: June 23, 2021, Reply brief: June 30, 2021. (Motions due by 6/9/2021. Responses due by 6/23/2021 Replies due by 6/30/2021.) (Signed by Judge Andrew L. Carter, Jr on 5/19/2021) (rro)
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Filing 23
LETTER addressed to Judge Andrew L. Carter, Jr. from Christopher Coss dated 05/17/2021 re: Response to Pre-Motion Letter. Document filed by Teachers Insurance & Annuity Association of America..(Coss, Christopher)
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Filing 22
LETTER addressed to Judge Andrew L. Carter, Jr. from Kara M. Maciel dated May 13, 2021 re: Pre-Motion to Dismiss. Document filed by Melanie Simons..(Maciel, Kara)
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Filing 21
NOTICE OF APPEARANCE by Kara Maciel on behalf of Melanie Simons..(Maciel, Kara)
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Filing 20
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/6/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 19
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/6/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Sadie Herbert, (212) 805-0310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/10/2021..(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Show Cause Hearing held on 5/6/2021. Christopher Coss and Joshua Katz for the Plaintiffs. Jordan Schwartz and Kara Maciel for Defendants. Preliminary injunction DENIED. (tdh)
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Filing 18
REPLY MEMORANDUM OF LAW in Support re: #16 Order to Show Cause,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, . Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Exhibit Declaration, #2 Exhibit Declaration).(Coss, Christopher)
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Filing 17
OPPOSITION BRIEF re: #7 Declaration in Support, #5 Proposed Order to Show Cause With Emergency Relief, #6 Memorandum of Law in Support . Document filed by Melanie Simons. (Attachments: #1 Exhibit A - Declaration of Melanie Simons, #2 Exhibit B - Declaration of Mitchell Falter, #3 Exhibit C - Declaration of Jessica Doll, #4 Exhibit D - Declaration of Thomas Massie).(Schwartz, Jordan)
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Filing 16
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER filed by Melanie Simons., Upon the complaint filed in this action, the declaration of Jill Popovich; and the accompanying Memorandum of Law in support of Plaintiff's Motion for a Temporary Restraining Order, it is hereby ORDERED, that the above-named Defendant show cause before this Court, on May 6, 2021, at 11:30 a.m., why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendant during the pendency of this action from engaging in the conduct subject to the temporary restraining order described below. The Parties shall appear for a Show Cause hearing, via telephone conference, on May 6, 2021 at 11:30 a.m. The Parties should contact the Court at 1-888-363-4749 (access code: 3768660); ORDERED, that sufficient reason having been shown therefor, pending the hearing of Plaintiff's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., Ms. Simons and any employees, agents, servants, officers, representatives, directors, attorneys, successors, affiliates, assigns and entities owned or controlled by Ms. Simons, and all those in active concert and participation with any of them who receive notice directly or otherwise of this order are hereby temporarily restrained and enjoined until May 6, 2021 as follows: 1. Ms. Simons is enjoined from soliciting, recruiting, inducing, urging, or encouraging, or attempting to solicit, recruit, induce, urge, or encourage any employee, contractor, consultant, vendor, supplier, licensee, and licensor of TIAA to terminate, cancel, withdraw or reduce its relationship with TIAA; 2. Ms. Simons shall serve and file a declaration attesting that she has fully and in good faith complied with the requirements of paragraph 1 above by no later than 5:00 pm on May 5, 2021; ORDERED that Defendant submit a Response to the Application, in writing, to be filed with the Court and served upon attorneys for Plaintiff by May 4, 2021 at 5:00 p.m. ORDERED that Plaintiff shall effectuate personal service of a copy of this order upon Defendant or Defendant's counsel forthwith. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/201) ( Telephone Conference set for 5/6/2021 at 11:30 AM before Judge Andrew L. Carter Jr..) Show Cause Response due by 5/4/2021. (ks)
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Thomas J. Momjian to Appear Pro Hac Vice. So ordered. (Signed by Judge Andrew L. Carter, Jr. on 4/29/2021) (rjm)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Christopher Coss to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) (rj)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Kara M. Maciel to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/29/2021) (rj)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Thomas Momjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467691. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Kara M. Maciel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467281. Motion and supporting papers to be reviewed by Clerk's Office staff., #11 MOTION for Christopher Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467687. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 12
MOTION for Thomas Momjian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Text of Proposed Order).(Coss, Christopher)
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Filing 11
MOTION for Christopher Coss to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467687. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Text of Proposed Order).(Coss, Christopher)
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Filing 10
MOTION for Kara M. Maciel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24467281. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Melanie Simons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order).(Schwartz, Jordan)
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Filing 9
NOTICE OF APPEARANCE by Jordan B. Schwartz on behalf of Melanie Simons..(Schwartz, Jordan)
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Filing 8
DECLARATION of Jill Popovich in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Exhibit A (VSP Agreement), #2 Exhibit B (2015 Agreement), #3 Exhibit C (letter dtd 4/1/21), #4 Exhibit D (letter dtd 4/2/21), #5 Exhibit E (letter dtd 4/5/21), #6 Exhibit F (email dtd 4/6/21), #7 Exhibit G (letter dtd 4/9/21)).(Katz, Joshua)
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Filing 7
DECLARATION of Jill Popovich in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Teachers Insurance & Annuity Association of America. (Attachments: #1 Exhibit A (VSP Agreement), #2 Exhibit B (2015 Agreement), #3 Exhibit C (letter dtd 4/1/21), #4 Exhibit D (letter dtd 4/2/21), #5 Exhibit E (letter dtd 4/5/21), #6 Exhibit F (letter dtd 4/9/21)).(Katz, Joshua)
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Filing 6
MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua)
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Filing 5
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(dnh)
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Magistrate Judge Sarah L. Cave 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. (dnh)
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Case Designated ECF. (dnh)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 4
NOTICE OF APPEARANCE by Jack A. Gordon on behalf of Teachers Insurance & Annuity Association of America..(Gordon, Jack)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent TIAA Board of Overseers for Teachers Insurance & Annuity Association of America. Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua)
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Filing 2
CIVIL COVER SHEET filed..(Katz, Joshua)
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Filing 1
COMPLAINT against Melanie Simons. (Filing Fee $ 402.00, Receipt Number ANYSDC-24456509)Document filed by Teachers Insurance & Annuity Association of America..(Katz, Joshua)
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