Rosati v. Long Island Railroad et al
| Steven Rosati |
| Long Island Railroad, Metropolitan Transit Authority and Patrick J Foye |
| 1:2021cv08594 |
| October 19, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 wt Removal- Employment (Wrongful Termination) |
| Both |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
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Filing 34
OPINION AND ORDER re: #24 MOTION to Dismiss Amended Complaint filed by Patrick J Foye, Metropolitan Transit Authority, Long Island Railroad. For the foregoing reasons, the motion to dismiss the federal claims is GRANTED, and the Court declines to exercise supplemental jurisdiction over the state law claims. Plaintiff may seek leave to replead as provided above. The Clerk of Court is respectfully directed to close the motion at Docket No. 24. (Signed by Judge Lorna G. Schofield on 8/23/2022) (mml)
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Filing 33
ORDER: It is hereby ORDERED that the January 13, 2022, Case Management Plan and Scheduling Order is VACATED and the conference scheduled for June 15, 2022 is ADJOURNED sine die. It is further ORDERED that, within one week of any decision on the motion to dismiss, the parties shall file a proposed case management plan. (Signed by Judge Lorna G. Schofield on 6/2/2022) (mml)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Amended Complaint. . Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #24 MOTION to Dismiss Amended Complaint. . Document filed by Steven Rosati. (Attachments: #1 Affidavit Affidavit of Steven Rosati, #2 Appendix Affidavit Appendices).(Yakubov, Ilevu)
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Filing 30
MEMO ENDORSED ORDER granting #29 MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss Amended Complaint . ENDORSEMENT: Application GRANTED. By March 25, 2022, Plaintiff shall file any opposition. By April 6, 2022, Defendants shall file any reply. The parties' submissions shall otherwise comply with Dkt. No. 22 and this Court's Individual Rules. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 29. Responses due by 3/25/2022 Replies due by 4/6/2022. (Signed by Judge Lorna G. Schofield on 2/22/2022) (mml)
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Filing 29
MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss Amended Complaint. . Document filed by Steven Rosati..(Pierce, John)
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Filing 28
ORDER granting #27 Letter Motion to Stay re: #27 LETTER MOTION to Stay Stay Discovery addressed to Judge Lorna G. Schofield from Kevin McCaffrey dated February 15, 2022. Application GRANTED. The deadline for fact discovery (Dkt. No. 21) is STAYED pending a decision on Defendant's motion to dismiss (Dkt. No. 24). The Clerk of Court is respectfully directed to close the motion at Dkt. No. 27. (Signed by Judge Lorna G. Schofield on 2/16/2022) (rro)
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Filing 27
LETTER MOTION to Stay Stay Discovery addressed to Judge Lorna G. Schofield from Kevin McCaffrey dated February 15, 2022. Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 26
DECLARATION of Kevin McCaffrey in Support re: #24 MOTION to Dismiss Amended Complaint.. Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(McCaffrey, Kevin)
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Filing 25
MEMORANDUM OF LAW in Support re: #24 MOTION to Dismiss Amended Complaint. . Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 24
MOTION to Dismiss Amended Complaint. Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority. Responses due by 3/9/2022 Return Date set for 3/21/2022 at 10:00 AM..(McCaffrey, Kevin)
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Filing 23
AMENDED COMPLAINT amending #1 Complaint against Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority with JURY DEMAND.Document filed by Steven Rosati. Related document: #1 Complaint..(Yakubov, Ilevu)
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Set/Reset Deadlines: Deposition due by 5/2/2022. (ama)
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Filing 22
ORDER: For the reasons discussed at the conference, it is hereby ORDERED that, by January 26, 2022, Plaintiff shall file an amended complaint. ORDERED that, Defendants' proposed motion to dismiss shall be briefed according to the following schedule: Amended Pleadings due by 1/26/2022., Motions due by 2/16/2022., Responses due by 3/9/2022, Replies due by 3/21/2022. The parties shall comply with this Court's Individual Rules in filing the motions and supporting papers. (Signed by Judge Lorna G. Schofield on 1/12/2022) (ama)
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Filing 21
Vacated as per Judge's Order dated 6/2/2022, Doc. #33 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 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). Amended Pleadings due by 2/1/2022. Joinder of Parties due by 2/1/2022. Deposition due by 5/02/2022. All Fact Discovery due by 5/19/2022. 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. A Pre-Motion Conference set for 6/15/2022 at 04:10 PM before Judge Lorna G. Schofield. 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 Court's 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. If no pre-motion letter is timely filed, this conference will be canceled and the matter placed on the Court's trial-ready calendar. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/12/2022) (ama) Modified on 1/21/2022 (ama). Modified on 6/2/2022 (mml).
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 1/12/2022. (jcs)
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Filing 20
JOINT PRE-CONFERENCE STATEMENT . Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority. (Attachments: #1 Proposed case management plan).(McCaffrey, Kevin)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to File. Application GRANTED. By January 10, 2022, the parties shall file a joint letter and proposed case management plan. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 18. So Ordered. (Signed by Judge Lorna G. Schofield on 1/7/2022) (js)
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Filing 18
LETTER MOTION for Extension of Time to File addressed to Judge Lorna G. Schofield from Kevin McCaffrey dated January 7, 2022. Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 17
MEMO ENDORSEMENT on re: #15 Pre-Conference Statement filed by Patrick J Foye, Metropolitan Transit Authority, Long Island Railroad. ENDORSEMENT: By January 7, 2022, the parties shall file a joint letter and proposed case management plan in advance of the January 12, 2022 initial conference. (See Dkt. No. 3.) By January 10, 2022, Plaintiff shall file a response to Defendants' pre-motion letter. So Ordered. (Signed by Judge Lorna G. Schofield on 1/6/2022) (mml)
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Filing 16
NOTICE OF APPEARANCE by Kevin Patrick McCaffrey on behalf of Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 15
PRE-CONFERENCE STATEMENT . Document filed by Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority..(McCaffrey, Kevin)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Patrick J Foye..(pc) (Main Document 14 replaced on 12/10/2021) (pc).
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Filing 13
ELECTRONIC SUMMONS ISSUED as to Metropolitan Transit Authority..(pc)
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Filing 12
REQUEST FOR ISSUANCE OF SUMMONS as to Patrick J. Foye, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John)
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Metropolitan Transit Authority, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Long Island Railroad..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Mark Pierce to RE-FILE Document No. #8 Request for Issuance of Summons, #9 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name on the docket entry for the summons must exactly match. Do not use acronyms (MTA) and do not forget the middle initial ( Patrick J Foye). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 9
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Foye, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John) Modified on 12/9/2021 (pc).
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Filing 8
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to MTA, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John) Modified on 12/9/2021 (pc).
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Railroad, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John)
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Filing 6
FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Railroad, MTA and Patrick Foye, re: #1 Complaint. Document filed by Steven Rosati. (Attachments: #1 Summons (MTA), #2 Summons (Patrick Foye)).(Pierce, John) Modified on 12/7/2021 (vf).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Pierce to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each Summons Request PDF must be filed as its own individual event, not as an attachment. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Long Island Railroad; Metropolitan Transit Authority; and Patrick J. Foye, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John) Modified on 12/3/2021 (pc).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Railroad; Metropolitan Transit Authority; and Patrick J. Foye, re: #1 Complaint. Document filed by Steven Rosati..(Pierce, John) Modified on 12/3/2021 (pc).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Mark Pierce to RE-FILE Document No. #5 Request for Issuance of Amended Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Each summons must be filed separately. Or you can use one summons form and list each party on a separate rider;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 3
ORDER: Initial Conference set for 1/12/2022 at 04:10 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 12/1/2021) (ks)
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Filing 2
CIVIL COVER SHEET filed..(Yakubov, Ilevu)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ilevu Yakubov. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
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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..(gp)
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Case Designated ECF. (gp)
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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. (gp)
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Filing 1
COMPLAINT against Patrick J Foye, Long Island Railroad, Metropolitan Transit Authority. (Filing Fee $ 402.00, Receipt Number ANYSDC-25218648)Document filed by Steven Rosati..(Yakubov, Ilevu)
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