Viola v. Investcloud, Inc. et al
| Patricia Viola |
| Investcloud, Inc., John Wise and Mark Trousdale |
| 1:2022cv08217 |
| September 26, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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Filing 29
STIPULATION OF DISMISSAL WITH PREJUDICE PURSUANT TO RULE 41(a)(1)(A)(ii) IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff Patricia Viola, and Defendants InvestCloud Inc., John Wise, and Mark Trousdale, through their undersigned counsel, that the above-captioned action shall be and is hereby dismissed and discontinued in its entirety as against each party with prejudice, pursuant to Federal Rule 41(a)(1)(A)(ii), and with no award of attorneys' fees or costs by the Court to any party. This action is dismissed as set forth herein. The Clerk of Court is respectfully directed to CLOSE this case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/22/2023) (jca)
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| Filing 28 PROPOSED STIPULATION AND ORDER. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
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Filing 27
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #24 Letter Motion for Discovery. This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. The parties have conferred pursuant to Federal Rule of Civil Procedure 26(f). All fact discovery shall be completed no later than September 8, 2023. Depositions shall be completed no later than September 8, 2023. All expert discovery, including expert reports and depositions, shall be completed no later than October 23, 2023. All discovery must be completed no later than October 23, 2023. The Court will conduct a post-discovery pre-trial conference on November 16, 2023 at 11 a.m. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 7 days. The next case management conference is scheduled for November 16, 2023 at 11 a.m. The parties should not expect any further extension of the discovery deadlines. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 5/17/2023) (jca)
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| Set/Reset Deadlines: (Deposition due by 10/23/2023., Discovery due by 10/23/2023., Expert Discovery due by 10/23/2023., Fact Discovery due by 9/8/2023.), Set/Reset Hearings: (Case Management Conference set for 11/16/2023 at 11:00 AM before Judge Jennifer L. Rochon., Pretrial Conference set for 11/16/2023 at 11:00 AM before Judge Jennifer L. Rochon.) (jca) |
| Filing 26 PROPOSED CASE MANAGEMENT PLAN. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
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Filing 25
ORDER. The parties submitted a joint letter motion for an extension of discovery without attaching a proposed Revised Civil Case Management Plan and Scheduling Order. ECF No. 24. The parties shall promptly submit a proposed revised scheduling order pursuant to Rule 1(F) of the Courts Individual Rules of Practice in Civil Cases. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| Filing 24 JOINT LETTER MOTION for Discovery ( Request for Extension of Time to Complete Fact Discovery) addressed to Judge Jennifer L. Rochon from Joseph Anci dated May 15, 2023. Document filed by Investcloud, Inc., Mark Trousdale, John Wise. Return Date set for 9/8/2023 at 05:00 PM..(Anci, Joseph) |
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Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Federal Rule of Civil Procedure 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. Depositions shall be completed no later than July 7, 2023. The case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 7 days. Motions due by 4/8/2023. Deposition due by 8/21/2023. Fact Discovery due by 7/7/2023. Expert Discovery due by 8/21/2023. Discovery due by 8/21/2023. Case Management Conference set for 9/14/2023 at 11:00 AM before Judge Jennifer L. Rochon. Pretrial Conference set for 9/14/2023 at 11:00 AM before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/9/2023) (jca)
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| Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 3/9/2023. (aba) |
| Filing 21 NOTICE OF APPEARANCE by Jennifer Turoff on behalf of Patricia Viola..(Turoff, Jennifer) |
| Filing 20 PROPOSED CASE MANAGEMENT PLAN. Document filed by Patricia Viola..(Ash, Sharron) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 2/28/2023. Mediation Status due by 3/30/2023. (mnp) |
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Filing 19
ORDER: On January 11, 2023, the first mediation conference in this action was scheduled for February 28, 2023. Accordingly, IT IS HEREBY ORDERED that the initial pretrial conference scheduled for February 2, 2023 is adjourned to March 9, 2023 at 11:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. No later than seven calendar days before the initial pretrial conference, the parties shall either file the submissions required by ECF No. 6 or a joint letter stating that mediation was successful. SO ORDERED. Initial Conference set for 3/9/2023 at 11:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 1/13/2023) (jca)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 2/28/2023 at 10:00 AM in telephone or video conference.(mnp) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/4/2023.(ah) |
| Filing 18 NOTICE OF APPEARANCE by Melanie Ross on behalf of Investcloud, Inc., Mark Trousdale, John Wise..(Ross, Melanie) |
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Filing 17
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 12/13/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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| Filing 16 ANSWER to Complaint. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to File. Request GRANTED. Defendants shall answer or otherwise respond to the Complaint no later than November 21, 2022. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/26/2022) (jca)
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| Set/Reset Deadlines: Investcloud, Inc. answer due 11/21/2022; Mark Trousdale answer due 11/21/2022; John Wise answer due 11/21/2022. (jca) |
| Filing 14 CONSENT LETTER MOTION for Extension of Time to File A Response to the Complaint addressed to Judge Jennifer L. Rochon from Joseph Anci dated October 26, 2022. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
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Filing 13
STIPULATION AND ORDER OF VOLUNTARY SUBSTITUTION OF COUNSEL FOR DEFENDANT PLEASE TAKE NOTICE that InvestCloud, Inc., John Wise and Mark Trousdale ("Defendants") substitute Joseph Anci of Jackson Lewis P.C. as counsel for Defendants in this matter in place of Eric John Przybylko of Davidoff Hutcher & Citron LLP. In light of the attestation (at ECF No. 12) that Davidoff Hutcher & Citron LLP is not asserting a retaining or charging lien against Defendants, and this stipulation and order, Defendants' counsel is so substituted. SO ORDERED. Attorney Eric John Przybylko terminated. (Signed by Judge Jennifer L. Rochon on 10/25/2022) (jca)
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| Filing 12 DECLARATION of Eric Przybylko in Support re: #8 Proposed Order for Substitution of Attorney. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Przybylko, Eric) |
| Filing 11 NOTICE OF APPEARANCE by Sharron Elizabeth Ash on behalf of Patricia Viola..(Ash, Sharron) |
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Filing 10
MEMO ENDORSEMENT on STIPULATION AND PROPOSED ORDER OF VOLUNTARY SUBSTITUTION OF COUNSEL FOR DEFENDANT: re: #8 Proposed Order for Substitution of Attorney filed by Mark Trousdale, John Wise, Investcloud, Inc. ENDORSEMENT: Application DENIED. Defendants' counsel Eric John Przybylko shall, by October 26, 2022, file an application in compliance with Local Civil Rule 1.4, including a declaration stating whether or not the firm is asserting a retaining or charging lien. Alternatively, according to the Committee Note to Local Civil Rule 1.4, counsel may be substituted by a stipulation which has been signed by counsel, the counsel's client, and all other parties. SO ORDERED., ( Motions due by 10/26/2022.) (Signed by Judge Jennifer L. Rochon on 10/19/2022) (ama)
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| Filing 9 CERTIFICATE OF SERVICE of Proposed Order of Voluntary Substitution of Counsel served on Plainitff Patricia Viola on October 18, 2022. Service was made by Mail. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
| Filing 8 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
| Filing 7 NOTICE OF APPEARANCE by Joseph Anci on behalf of Investcloud, Inc., Mark Trousdale, John Wise..(Anci, Joseph) |
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Filing 6
ORDER AND NOTICE OF INITIAL CONFERENCE granting #5 Letter Motion for Extension of Time to Answer re #5 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jennifer L. Rochon from Eric J. Przybylko dated September 30, 2022. The Court is in receipt of Defendants' unopposed request for an extension of time. See ECF No. 5. IT IS HEREBY ORDERED that Defendants' time to answer or otherwise respond to Plaintiff's Complaint is extended to October 31, 2022. IT IS FURTHER ORDERED that pursuant to the Southern District of New York's Second Amended Standing Administrative Order of October 1, 2015 regarding employment discrimination cases, this case is designated for automatic referral under the Court's existing Alternative Dispute Resolution program of mediation. In addition, initial discovery in this case shall be conducted in accordance with the Pilot Discovery Protocols for Counseled Employment Cases ("Discovery Protocols"). A copy of the Discovery Protocols is attached to this Order. IT IS FURTHER ORDERED that if the Southern District mediation process is unsuccessful, counsel for all parties shall appear for an initial pretrial conference with the Court on February 2, 2023 at 10:00 a.m. (And as further set forth herein.) SO ORDERED. Investcloud, Inc. answer due 10/31/2022; Mark Trousdale answer due 10/31/2022; John Wise answer due 10/31/2022. (Signed by Judge Jennifer L. Rochon on 10/03/2022) (jca)
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| Set/Reset Hearings: Initial Conference set for 2/2/2023 at 10:00 AM before Judge Jennifer L. Rochon. (jca) |
| Filing 5 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Notice of Removal, addressed to Judge Jennifer L. Rochon from Eric J. Przybylko dated September 30, 2022. Document filed by Investcloud, Inc., Mark Trousdale, John Wise. Return Date set for 10/31/2022 at 05:00 PM..(Przybylko, Eric) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal, Exhibits served on Patricia Viola/Hamburger Law Firm on September 27, 2022. Service was made by CM//ECF/Email & U.S. Mail. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Przybylko, Eric) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(sj) |
| Magistrate Judge Katharine H. Parker 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent InvestCloud Parent, LLC for Investcloud, Inc.. Document filed by Investcloud, Inc., Mark Trousdale, John Wise..(Przybylko, Eric) |
| Filing 2 CIVIL COVER SHEET filed..(Przybylko, Eric) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 157335/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26734386).Document filed by Mark Trousdale, John Wise, Investcloud, Inc.. (Attachments: #1 Exhibit State Court Action, #2 Exhibit Salary Notice, #3 Exhibit Declaration - Wise, #4 Exhibit Declaration - Trousdale).(Przybylko, Eric) |
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