von der Schmidt et al v. Morgan Stanley et al
| Edward M. von der Schmidt, Keanna Ng, Eddie von der Schmidt and Keanna Ngo |
| MORGAN STANLEY & CO, Denise McCool, Matthew Hornbach and Morgan Stanley |
| 1:2022cv08198 |
| September 26, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 DECLARATION of Jessica Krentzman in Support re: #24 MOTION to Compel Arbitration of Plaintiff von der Schmidt's Claims. MOTION to Dismiss Plaintiff Ngo's Claims.. Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley. (Attachments: #1 Exhibit A - Offer Letter, #2 Exhibit B - Arbitration Agreement).(Fleming, Michael) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Compel Arbitration of Plaintiff von der Schmidt's Claims. MOTION to Dismiss Plaintiff Ngo's Claims. . Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley..(Fleming, Michael) |
| Filing 24 MOTION to Compel Arbitration of Plaintiff von der Schmidt's Claims., MOTION to Dismiss Plaintiff Ngo's Claims. Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley..(Fleming, Michael) |
| Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against Matthew Hornbach, Denise McCool, Morgan Stanley with JURY DEMAND.Document filed by Edward M. von der Schmidt, Keanna Ngo. Related document: #1 Complaint..(Blackburn, Tyrone) |
Filing 22
ORDER granting #21 Letter Motion for Extension of Time to Amend #21 FIRST LETTER MOTION for Extension of Time to Amend Pre-Motion Conference, addressed to Judge Katherine Polk Failla from Tyrone A. Blackburn, Esq. dated 12/7/2022. SO ORDERED. Amended Pleadings due by 12/16/2022. (Signed by Judge Katherine Polk Failla on 12/7/2022) (va)
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| Set/Reset Deadlines: Motions due by 1/20/2023. (va) |
| Filing 21 FIRST LETTER MOTION for Extension of Time to Amend Pre-Motion Conference,, addressed to Judge Katherine Polk Failla from Tyrone A. Blackburn, Esq. dated 12/7/2022. Document filed by Keanna Ngo, Edward M. von der Schmidt..(Blackburn, Tyrone) |
| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/17/2023 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... (js) |
| Filing 19 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/17/2022 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 12/12/2022. Redacted Transcript Deadline set for 12/22/2022. Release of Transcript Restriction set for 2/19/2023. (js) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 11/17/2022. Attorney Tyrone Anthony Blackburn representing Plaintiffs present. Attorneys Michael Friel Fleming and Gregory Bennett Nelson representing Defendants present. Plaintiffs' amended complaint is due by 12/9/2022. Defendants' motion to dismiss is due by 1/13/2023 (35 pages); Opposition is due by 2/27/2023 (35 pages); and Reply is due by 3/15/2023 (16 pages). Discovery is STAYED pending further order of the Court. (Court Reporter recorded) (tn) |
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Filing 18
ORDER granting #17 Letter Motion for Conference re: #17 LETTER MOTION for Conference regarding Defendants' Motions to Compel and to Dismiss addressed to Judge Katherine Polk Failla from Michael F. Fleming dated November 14, 2022. The Court is in receipt of the parties' joint pre-trial conference letter (Dkt. #16) and Defendants' pre-motion letter (Dkt. #17), both filed on November 14, 2022. The Court hereby converts the initial pre-trial conference scheduled for November 17, 2022 at 11:30 a.m. to a pre-motion conference. The parties should be prepared to discuss anticipated motion practice at that time. Pre-Motion Conference set for 11/17/2022 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/15/2022) (vfr)
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| Filing 17 LETTER MOTION for Conference regarding Defendants' Motions to Compel and to Dismiss addressed to Judge Katherine Polk Failla from Michael F. Fleming dated November 14, 2022. Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley. (Attachments: #1 Exhibit Arbitration Agreement).(Fleming, Michael) |
| Filing 16 JOINT LETTER addressed to Judge Katherine Polk Failla from Michael F. Fleming and Tyrone Blackburn dated November 14, 2022 re: Joint Preconference Letter. Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley..(Fleming, Michael) |
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Filing 15
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on November 17, 2022, at 11:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 11/17/2022 at 11:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/3/2022) (rro)
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| Filing 14 NOTICE OF APPEARANCE by Gregory Bennett Nelson on behalf of Matthew Hornbach, Denise McCool, Morgan Stanley..(Nelson, Gregory) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 11/3/2022. Attorney Tyrone A. Blackburn representing Plaintiffs present. Attorneys Michael Friel Fleming, Ira G. Rosenstein, and Gregory Nelson representing Defendants present. An initial pretrial conference is scheduled for 11/17/2022 at 11:30 a.m. (See order.) The parties joint letter will be due by 11/14/2022. (Court Reporter recorded) (tn) |
| NOTICE of Hearing on Motion: #12 LETTER MOTION for Discovery Conference re: Improper Subpoena to Non-Party addressed to Judge Katherine Polk Failla from Michael F. Fleming dated October 27, 2022. The Court is in receipt of Defendants' letter motion to quash Plaintiffs' subpoena served on non-party Bloomberg dated 10/27/2022, and Plaintiff's response letter dated 10/28/2022. A telephone conference is scheduled for 11/3/2022 at 2:00 p.m. to discuss this discovery dispute. At the scheduled time, the parties shall dial-in to (888) 363-4749, and enter access code 5123533. Please note that the conference line will not be available until 2:00 p.m. (Motion Hearing set for 11/3/2022 at 02:00 PM in telephone or video conference before Judge Katherine Polk Failla.) ***No PDF is attached to this entry. (tn) |
| Filing 13 LETTER RESPONSE to Motion addressed to Judge Katherine Polk Failla from Plaintiff von der Schmidt dated 10/28/2022 re: #12 LETTER MOTION for Discovery Conference re: Improper Subpoena to Non-Party addressed to Judge Katherine Polk Failla from Michael F. Fleming dated October 27, 2022. . Document filed by Keanna Ngo, Edward M. von der Schmidt. (Attachments: #1 Exhibit A).(Blackburn, Tyrone) |
| Filing 12 LETTER MOTION for Discovery Conference re: Improper Subpoena to Non-Party addressed to Judge Katherine Polk Failla from Michael F. Fleming dated October 27, 2022. Document filed by Matthew Hornbach, Denise McCool, Morgan Stanley..(Fleming, Michael) |
| Filing 11 NOTICE OF APPEARANCE by Michael Friel Fleming on behalf of Matthew Hornbach, Denise McCool, Morgan Stanley..(Fleming, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Ira G. Rosenstein on behalf of Matthew Hornbach, Denise McCool, Morgan Stanley..(Rosenstein, Ira) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Matthew Hornbach waiver sent on 10/17/2022, answer due 12/16/2022. Document filed by Edward M. von der Schmidt; Keanna Ngo..(Blackburn, Tyrone) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Denise McCool waiver sent on 10/17/2022, answer due 12/16/2022. Document filed by Edward M. von der Schmidt; Keanna Ngo..(Blackburn, Tyrone) |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Morgan Stanley waiver sent on 10/17/2022, answer due 12/16/2022. Document filed by Edward M. von der Schmidt; Keanna Ngo..(Blackburn, Tyrone) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Denise McCool, re: #1 Complaint. Document filed by Keanna Ngo, Edward M. von der Schmidt..(Blackburn, Tyrone) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Hornbach, re: #1 Complaint. Document filed by Keanna Ngo, Edward M. von der Schmidt..(Blackburn, Tyrone) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley, re: #1 Complaint. Document filed by Keanna Ngo, Edward M. von der Schmidt..(Blackburn, Tyrone) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tyrone Anthony Blackburn to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Each Summons Request is filed as its own individual event. 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) |
| Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to Morgan Stanley, Matthew Hornbach, and Denise McCool, re: #1 Complaint. Document filed by Keanna Ngo, Edward M. von der Schmidt. (Attachments: #1 Supplement Denise McCool Summons, #2 Supplement Matthew Hornbach Summons).(Blackburn, Tyrone) Modified on 10/21/2022 (vf). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tyrone Anthony Blackburn. The party information for the following party/parties has been modified: Edward M. von der Schmidt; Keanna Ng; MORGAN STANLEY & CO. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tyrone Anthony Blackburn. The following case opening statistical information was erroneously selected/entered: Cause of Action code M 94; Nature of Suit code 445 (Civil Rights: Americans with Disabilities - Employment); County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:1981; the Nature of Suit code has been modified to 442 (Civil Rights: Jobs); the County code has been modified to Kings;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Magistrate Judge Jennifer Willis 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 Designated ECF. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Blackburn, Tyrone) |
| Filing 1 COMPLAINT against Matthew Hornbach, MORGAN STANLEY & CO, Denise McCool. (Filing Fee $ 402.00, Receipt Number ANYSDC-26729298)Document filed by Edward M. von der Schmidt, Keanna Ng. (Attachments: #1 Exhibit A).(Blackburn, Tyrone) |
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