Bossuk v. Augusta Sportswear, Inc. et al
| Richard Bossuk |
| Augusta Sportswear, Inc. and Jason Livermore |
| 1:2021cv08273 |
| October 7, 2021 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
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Filing 20
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program for settlement of all claims. The parties are hereby 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. 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 12/13/2021. (Signed by Judge Vernon S. Broderick on 12/2/2021) (kv)
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Filing 19
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, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. Depositions shall be completed by March 31, 2022. Deposition due by 5/2/2022. Fact Discovery due by 3/31/2022. Expert Discovery due by 5/2/2022. Discovery due by 5/30/2022. Status Conference set for 6/15/2022 at 03:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 12/2/2021) (kv)
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| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) |
| Filing 17 JOINT LETTER addressed to Judge Vernon S. Broderick from Bryan A. Niemeyer, D. Maimon Kirschenbaum, and Leah Seliger dated 12-1-2021 re: Initial Conference Order dated November 17, 2021. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/20/2021.(ah) |
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Filing 15
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by December 1, 2021, the parties submit a joint letter,not to exceed three (3) pages, providing the following information in separate paragraphs: As set forth herein. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/17/2021) (ama)
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Filing 16
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 11/26/2021. (Signed by Judge Loretta A. Preska on 10/1/15) (jpt)
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| Filing 14 ANSWER to #1 Complaint. Document filed by Augusta Sportswear, Inc., Jason Livermore..(Niemeyer, Bryan) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Augusta Sportswear, Inc...(Niemeyer, Bryan) |
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Filing 12
ORDER re: #7 Affidavit of Service Complaints filed by Richard Bossuk. Plaintiff filed this action on October 7, 2021 (Doc. 1), and filed affidavits of service on October 25, 2021 (Docs. 6 & 7). The deadline for Defendants to respond to Plaintiff's complaint was November 3, 2021. (See Docs. 6 & 7.) To date, Defendants have not responded to the complaint. Plaintiff, however, has taken no action to prosecute this case. Accordingly, if Plaintiff intends to seek a default judgment he is directed to do so in accordance with Rule 4(H) of my Individual Rules and Practices in Civil Cases by no later than November 30, 2021. If Plaintiff fails to do so or otherwise demonstrate that he intends to prosecute this litigation, I may dismiss this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/16/2021) (kv)
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Filing 11
ORDER granting #10 Motion for Bryan A. Niemeyer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 10 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Augusta Sportswear, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Niemeyer, Bryan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25264307. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Proposed Order. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) |
| Filing 9 PROPOSED ORDER. Document filed by Augusta Sportswear, Inc.. Related Document Number: #8 ..(Niemeyer, Bryan) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Bryan A. Niemeyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25264307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Augusta Sportswear, Inc.. (Attachments: #1 Affidavit Affidavit in Support of PHV, #2 Exhibit Certificate of Good Standing).(Niemeyer, Bryan) Modified on 11/1/2021 (aea). |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Jason Livermore served on 10/13/2021, answer due 11/3/2021. Service was accepted by Julie Manning, Co-Worker. Document filed by Richard Bossuk..(Seliger, Leah) |
| Filing 6 AFFIDAVIT OF SERVICE of Summons and Complaint. Augusta Sportswear, Inc. served on 10/13/2021, answer due 11/3/2021. Service was accepted by Julie Manning, Authorized Individual. Document filed by Richard Bossuk..(Seliger, Leah) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Augusta Sportswear, Inc., Jason Livermore..(jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by Leah Seliger on behalf of Richard Bossuk..(Seliger, Leah) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Augusta Sportswear, Inc. AND Jason Livermore, re: #1 Complaint. Document filed by Richard Bossuk..(Kirschenbaum, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Kirschenbaum, Daniel) |
| Filing 1 COMPLAINT against Augusta Sportswear, Inc., Jason Livermore. (Filing Fee $ 402.00, Receipt Number ANYSDC-25163583)Document filed by Richard Bossuk..(Kirschenbaum, Daniel) |
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