Weintraub v. JP Morgan Chase Bank, N.A.
| Alan Mark Weintraub |
| JP Morgan Chase Bank, N.A. and JP Morgan Chase U.S. Severance Pay Plan Administrator |
| 1:2021cv04491 |
| May 19, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 AFFIRMATION of James S. Kaplan in Opposition re: #18 LETTER MOTION for Leave to File Motion to Partially Dismiss the Amended Complaint addressed to Judge Lorna G. Schofield from Brendan Killeen dated July 12, 2021.. Document filed by Alan Mark Weintraub. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Kaplan, James) |
| Filing 25 AFFIDAVIT of Alan Mark Weintraub re: #24 Amended Complaint, . Document filed by Alan Mark Weintraub..(Kaplan, James) |
| Filing 24 FIRST AMENDED COMPLAINT amending #16 Amended Complaint, against JP Morgan Chase Bank, N.A., JP Morgan Chase U.S. Severance Pay Plan Administrator with JURY DEMAND.Document filed by Alan Mark Weintraub. Related document: #16 Amended Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 E).(Kaplan, James) |
Filing 23
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All fact discovery shall be completed no later than 11/19/2021. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 11/19/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. On 12/16/2021 at 10:50 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Courts Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. Deposition due by 11/19/2021. Fact Discovery due by 11/19/2021. Telephone Conference set for 12/16/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf)
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Filing 22
ORDER: It is hereby ORDERED that the July 22, 2021, initial pretrial conference is cancelled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/16/2021) (cf)
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| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by JP Morgan Chase Bank, N.A...(Killeen, Brendan) |
| Filing 20 JOINT LETTER addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated July 15, 2021 re: Case details pursuant to the Court's June 10, 2021 Order. Document filed by JP Morgan Chase Bank, N.A...(Killeen, Brendan) |
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Filing 19
ORDER granting #10 Letter Motion for Leave to File Document; granting #18 Letter Motion for Leave to File Document. Defendant's application is GRANTED. Plaintiff shall re-file the First Amended Complaint by July 20, 2021, and cure the deficiencies identified by the Clerk of Court. Defendant shall file its motion to dismiss by August 2, 2021, Plaintiff shall file his opposition by August 23, 2021, and Defendant shall file a reply, if any, by September 7, 2021. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 10 and 18.. (Signed by Judge Lorna G. Schofield on 7/13/2021) (cf)
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| Set/Reset Deadlines: Amended Pleadings due by 7/20/2021. Motions due by 8/2/2021. Responses due by 8/23/2021 Replies due by 9/7/2021. (cf) |
| Filing 18 LETTER MOTION for Leave to File Motion to Partially Dismiss the Amended Complaint addressed to Judge Lorna G. Schofield from Brendan Killeen dated July 12, 2021. Document filed by JP Morgan Chase Bank, N.A., JP Morgan Chase U.S. Severance Pay Plan Administrator..(Killeen, Brendan) |
| Filing 17 MEMO ENDORSEMENT on re: #14 Affirmation in Opposition to Motion, filed by Alan Mark Weintraub ENDORSEMENT: Plaintiff is granted leave to file his First Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). If Defendants seek to move to dismiss the First Amended Complaint, they shall file a joint letter proposing a briefing schedule by July 12, 2021. Otherwise, Defendants shall file an answer in accordance with the Federal Rules of CivilProcedure. (Signed by Judge Lorna G. Schofield on 7/8/2021) (cf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James S. Kaplan to RE-FILE re: Document No. #16 Amended Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted; all of the parties listed on the pleading (JP Morgan Chase U.S Severance Pay Plan) were not entered on CM ECF; not all the party/parties whom the pleading is against were selected. 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf) |
| Filing 16 FILING ERROR - DEFICIENT PLEADING -FIRST AMENDED COMPLAINT against JP Morgan Chase Bank, N.A., JP Morgan Chase U.S. Severance Pay Plan Administrator with JURY DEMAND.Document filed by Alan Mark Weintraub. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Kaplan, James) Modified on 7/7/2021 (vf). |
| Filing 15 AFFIDAVIT of Alan Mark Weintraub in Opposition re: #10 LETTER MOTION for Leave to File partial Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b) addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated June 16, 2021.. Document filed by Alan Mark Weintraub..(Kaplan, James) |
| Filing 14 AFFIRMATION of James S. Kaplan in Opposition re: #10 LETTER MOTION for Leave to File partial Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b) addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated June 16, 2021.. Document filed by Alan Mark Weintraub. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Kaplan, James) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply re #12 FIRST LETTER MOTION for Extension of Time to File Response/Reply by James S. Kaplan addressed to Judge Lorna G. Schofield from James S. Kaplan dated June 17, 2021. Plaintiff's application is GRANTED. Plaintiff shall file a response to Defendant's letter motion or seek leave to amend by July 7, 2021. Responses due by 7/7/2021 (Signed by Judge Lorna G. Schofield on 6/21/2021) (cf)
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| Filing 12 FIRST LETTER MOTION for Extension of Time to File Response/Reply by James S. Kaplan addressed to Judge Lorna G. Schofield from James S. Kaplan dated June 17, 2021. Document filed by Alan Mark Weintraub. Return Date set for 7/7/2021 at 12:00 PM..(Kaplan, James) |
| Filing 11 MEMO ENDORSEMENT on re: #10 LETTER MOTION for Leave to File partial Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b) addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated June 16, 2021. filed by JP Morgan Chase Bank, N.A. ENDORSEMENT: Defendant's letter does not comply with Individual Rule III.C.2 because it does not include a proposed briefing schedule, nevertheless it will be considered. Plaintiff shall file a response by June 23, 2021, to include a proposed briefing schedule. In his response, Plaintiff shall unambiguously state any intention to seek leave to amend. ( Responses due by 6/23/2021) (Signed by Judge Lorna G. Schofield on 6/16/2021) (cf) |
| Filing 10 LETTER MOTION for Leave to File partial Motion to Dismiss Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b) addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated June 16, 2021. Document filed by JP Morgan Chase Bank, N.A...(Killeen, Brendan) |
| Filing 9 CERTIFICATE OF SERVICE of Court's June 10, 2021 Order served on Plaintiff Alan Mark Weintraub on June 10, 2021. Service was accepted by James S. Kaplan, Esq., Plaintiff's Counsel. Document filed by JP Morgan Chase Bank, N.A...(Martin, Hanna) |
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Filing 8
ORDER: Initial Conference set for 7/22/2021 at 10:50 AM before Judge Lorna G. Schofield. The conference will be telephonic. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/10/2021) (cf)
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time to File. The application is GRANTED. By June 16, 2021, Defendant shall answer, move or otherwise respond to the Complaint. The parties' attention is directed to the requirement for pre-motion letters per the Individual Rules. (Signed by Judge Lorna G. Schofield on 5/24/2021) (cf)
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| Set/Reset Deadlines: JP Morgan Chase Bank, N.A. answer due 6/16/2021. (cf) |
| Filing 6 LETTER MOTION for Extension of Time to File Response to the Complaint addressed to Judge Lorna G. Schofield from Brendan T. Killeen dated May 21, 2021. Document filed by JP Morgan Chase Bank, N.A...(Killeen, Brendan) |
| Filing 5 NOTICE OF APPEARANCE by Hanna Elizabeth Martin on behalf of JP Morgan Chase Bank, N.A...(Martin, Hanna) |
| Filing 4 CIVIL COVER SHEET filed..(Killeen, Brendan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brendan Thomas Killeen to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple Nature of Suits selected. Place an [x] in one box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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..(vf) |
| Magistrate Judge Debra C. Freeman 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for JP Morgan Chase Bank, N.A.. Document filed by JP Morgan Chase Bank, N.A...(Killeen, Brendan) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET- PDF ERROR - CIVIL COVER SHEET filed..(Killeen, Brendan) Modified on 5/20/2021 (vf). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 154006/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24560405).Document filed by JP Morgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1 - Summons, #2 Exhibit 2 - Complaint).(Killeen, Brendan) |
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