Hafizov v. BDO USA, LLP et al
| Rinat Hafizov |
| BDO USA, LLP, Janet Bernier and Matthew Dyment |
| 1:2022cv08853 |
| October 17, 2022 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Robert W Lehrburger |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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Filing 146
ORDER terminating #136 Letter Motion for Discovery. This order resolves Plaintiff's letter motion at Dkt. 136 to compel Defendants to employ Plaintiff's ESI search terms. Both parties are being unreasonable; Plaintiff's requested searches are too broad, and Defendant's implemented searches are too narrow. The parties must meet and confer to agree upon terms that use appropriate connectors that will reasonably encompass (1) communications sent by Ms. Bernier, Mr. Dyment, or Mr. Montorio to other BDO employees that refer to one or more discriminatory protected characteristics related to nationality, ethnicity, race, or religion, and (2) documents concerning Ms. Bernier, Mr. Dyment, and Mr. Montorio's engagement in retaliatory conduct and/or complaints about same. The Court is of the view that the parties should be able to work this out with further Court intervention. Nonetheless, the Court finds it necessary to set a schedule as follows: By November 30, 2023, Defendants shall propose revised ESI terms to Plaintiff. By December 5, 2023, Plaintiff shall provide a response with requested modifications if any. By December 8, 2023, the parties shall meet and confer to resolve any differences. By December 13, 2023, the parties shall file a joint submission presenting the requested terms, if any, to which the parties have not agreed (along with the terms to which the parties have agreed). The Clerk of Court is respectfully directed to terminate the letter motion at Dkt. 136. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 11/21/2023) (mml)
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| Filing 145 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 20, 2023 re: #136 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated November 10, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
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Filing 144
ORDER denying without prejudice as moot #138 Letter Motion for Conference re: #138 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 13, 2023. Denied without prejudice as moot in light of Dkt. 143. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/20/2023) (mml) Modified on 11/20/2023 (mml).
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| Filing 143 MOTION to Withdraw #138 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 13, 2023. (Letter). Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
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Filing 142
ORDER granting #140 Letter Motion for Extension of Time to File Response/Reply re #140 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #138 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 13, 2023. Granted. SO ORDERED. Responses due by 11/21/2023. (Signed by Magistrate Judge Robert W. Lehrburger on 11/14/2023) (mml)
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Filing 141
ORDER terminating #128 Motion for Reconsideration re #128 MOTION for Reconsideration re; #125 Order on Motion for Discovery, filed by Matthew Dyment, Janet Bernier, BDO USA, LLP, #132 MOTION for Reconsideration re; #125 Order on Motion for Discovery, filed by BDO USA, LLP, #133 LETTER MOTION for Discovery Joinder in #128 Motion for Reconsideration addressed to Magistrate Judge Robert W. Lehrburger from Patrick J. Boyd dated October 30, 2023. filed by BDO USA, LLP ; terminating #132 Motion for Reconsideration re #128 MOTION for Reconsideration re; #125 Order on Motion for Discovery, filed by Matthew Dyment, Janet Bernier, BDO USA, LLP, #132 MOTION for Reconsideration re; #125 Order on Motion for Discovery, filed by BDO USA, LLP, #133 LETTER MOTION for Discovery Joinder in #128 Motion for Reconsideration addressed to Magistrate Judge Robert W. Lehrburger from Patrick J. Boyd dated October 30, 2023 filed by BDO USA, LLP ; terminating #133 Motion for Discovery. This order resolves Defendants' motions at Dkts. 128, 132, and 133 for reconsideration of this Court's October 16, 2023 order at Dkt. 125 quashing subpoenas to former and current employers of non-party Sweeney. With one exception, Defendants do not raise any new arguments, law, or facts that were not or could not have been presented earlier and thus do not provide a basis for reconsideration. The exception is that the Court agrees that there is a seeming inconsistency with respect to the statement that "the parties and the Court have an interest in not expending resources on material, such as the documents sought, that would be off limits even if Sweeney were the Plaintiff" (Dkt. 125) and this Court's earlier order permitting limited discovery of information from Plaintiff's former employers. If Sweeney were Plaintiff, limited discovery from his former employers would not necessarily be off limits. Accordingly, the categorial statement to the contrary in Dkt. 125 is withdrawn. Nonetheless, Sweeney is not the Plaintiff, and the discovery sought from former employers with respect to Sweeney as a non-party, as things stand, is not proportional to the needs of the litigation, and the potential relevance to Sweeney's credibility is outweighed by the prejudice, recognized by courts, that may ensue from the mere act of seeking discovery from former employers. The order to quash thus stands but with one modification: The decision is without prejudice to a later application following Sweeney's deposition in the event that his testimony materially alters the balance of factors. To be clear, Defendants may ask Sweeney questions about the issues raised by Defendants, including Sweeney's employment at Ryan LLC and alleged solicitation of clients and adherence to his agreements with BDO. The Clerk of Court is respectfully directed to terminate the motions at Dkts. 128, 132, and 133. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 11/14/2023) (mml)
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| Filing 140 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #138 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 13, 2023., #136 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated November 10, 2023. addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 14, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 139 LETTER MOTION for Discovery Joinder in #137 Reply Memorandum of Law re #128 Motion for Reconsideration re #125 Order on Motion for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Patrick J. Boyd dated November 13, 2023. Document filed by BDO USA, LLP..(Boyd, Patrick) |
| Filing 138 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated November 13, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A: Defendants First Set of Interrogatories to Plaintiff, Interrogatory No. 3, #2 Exhibit B: Plaintiffs Response to Defendants First Set of Interrogatories, Response No. 3, #3 Exhibit C: Plaintiffs Rule 26 Disclosures, #4 Exhibit D: Email Correspondence Defendants Correspondence to Plaintiffs Counsel, #5 Exhibit E: Email Correspondence).(Ditlow, Lindsay) |
| Filing 137 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, . . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 136 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated November 10, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A).(Hincken, Monica) |
| Filing 135 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated November 6, 2023 re: #132 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, ., #128 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, . . Document filed by Rinat Hafizov..(Hincken, Monica) |
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Filing 134
ORDER granting #130 Letter Motion to Adjourn Conference. Discovery Hearing set for 12/5/2023 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via telephone. The parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order). (rsh)
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| Filing 133 LETTER MOTION for Discovery Joinder in #128 Motion for Reconsideration addressed to Magistrate Judge Robert W. Lehrburger from Patrick J. Boyd dated October 30, 2023. Document filed by BDO USA, LLP..(Boyd, Patrick) |
| Filing 132 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, . Document filed by BDO USA, LLP..(Boyd, Patrick) |
| Filing 131 NOTICE OF APPEARANCE by Patrick James Boyd on behalf of BDO USA, LLP..(Boyd, Patrick) |
| Filing 130 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated October 30, 2023. Document filed by Rinat Hafizov..(Hincken, Monica) |
| Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, . . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 128 MOTION for Reconsideration re; #125 Order on Motion for Discovery,,,, . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 127 NOTICE to parties, the telephonic Discovery Conference scheduled for November 3, 2023, at 10:00 a.m. will address the discovery issue raised at Dkt. 121 and 123. (rsh) |
| Filing 126 NOTICE of Hearing: Discovery Hearing set for 11/3/2023 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via telephone. The parties shall call the teleconference number at (888)-398-2342, and enter access code 9543348. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh) |
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Filing 125
ORDER granting #122 Letter Motion for Discovery. This order resolves Plaintiff's letter motion at Dkt. 122 seeking to quash the subpoenas Defendants served or plan to serve on the former employers of non-party Sweeney. The Court has reviewed Defendants' opposing response at Dkt. 124, and agrees with Defendants that Plaintiff sometimes seems confused about whose case he is litigating -- his own case or Sweeney's settled case. The Court also agrees with Defendants that Plaintiff has no privacy interest in the documents sought since they concern Sweeney, not Plaintiff. That said, the parties and the Court have an interest in not expending resources on material, such as the documents sought, that would be off limits even if Sweeney were the Plaintiff. (See cases cited by Plaintiff at Dkt. 122 at 2-3.) The Court has a duty to oversee discovery and guard against its abuse. Accordingly, the motion is granted, and the subpoenas in question are quashed. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 10/16/2023) (mml)
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| Filing 124 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated October 13, 2023 re: #122 LETTER MOTION for Discovery to Quash Subpoenas addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated October 10, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 123 LETTER MOTION for Discovery regarding Opposition to Docket No. 121 addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated October 12, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 122 LETTER MOTION for Discovery to Quash Subpoenas addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated October 10, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gottlieb, David) |
| Filing 121 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated October 9, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A: Plaintiffs Responses to Defendants Discovery Requests, #2 Exhibit B: Defendants Memorialization of the Parties March 29, 2023 Meet and Confer, #3 Exhibit C: Defendants September 29, 2023 Letter, #4 Exhibit D: Email Correspondence from Plaintiffs Counsel, #5 Exhibit E: Plaintiffs Email Correspondence, #6 Exhibit F: Plaintiffs Text Messages).(Ditlow, Lindsay) |
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Filing 120
ORDER: Accordingly, BDO's motion to seal Dkt. 113-1 and for Rule 11 sanctions based on counsel's not having filed under seal is DENIED. The Clerk of Court is directed to terminate the motion at Dkt. 117. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 9/25/2023) (mml) Modified on 9/25/2023 (mml).
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Filing 119
ORDER: Accordingly, the Court rules as follows. Any portion of the documents that refer to or depict drugs or alcohol shall remain designated as Confidential. All other material from the 25 pages shall be de-designated and no longer designated as Confidential. However, Defendant may use that material solely for purposes of the litigation. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 9/22/2023) (mml)
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| Filing 118 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 22, 2023 re: Opposition to Dkt. No. 117. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 117 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 19, 2023 re: Docket No. 113. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
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Filing 116
ORDER granting in part and denying in part #105 Letter Motion for Discovery; denying #106 Letter Motion for Local Rule 37.2 Conference. This order resolves or otherwise addresses several letter motions filed by the parties. 1. Mr. Sweeney's complaints against Ms. Bernier (Dkt. 105): Plaintiff's request to compel is GRANTED to the extent that BDO must produce non-privileged documents comprising or addressing any complaint by Mr. Sweeney of retaliation against him by Ms. Bernier. 2. Scope of discovery re similarly situated employees (Dkt. 105): Plaintiff is correct that the Court identified six categories of material. The two that appear to not have been explicitly referenced by BDO in response (at least as described by Plaintiff) are documents concerning performance issues and discipline. It is not clear to the Court that BDO withheld documents falling into these categories. In any event, Plaintiff's request is GRANTED to the extent that documents responsive to those categories must be produced regardless of whether the employee at issue was terminated. 3. Additional comparators (Dkt. 105): Plaintiff's request to compel Defendant to produce documents for the eight additional alleged comparators -- i.e., those in SALT Northeast (outside of SALT New York) -- is DENIED. The alleged comparators are not sufficiently similarly situated, and their relationship to Ms. Bernier and Mr. Dyment is attenuated. 4. Subpoena of Mr. Sweeney (Dkt. 106): BDO's request to quash the deposition subpoena served on Mr. Sweeney is DENIED. Mr. Sweeney, unsurprisingly, has not objected to the subpoena. BDO, however, identifies a number of reasons why Mr. Sweeney's experience with Ms. Bernier and BDO arguably is of little or no relevance to Plaintiff's instant claim. Those reasons ultimately may lead to exclusion of Sweeney-related facts from evidence. For discovery purposes, however, there are sufficient grounds, based on the allegations of the complaint, that make the deposition of Mr. Sweeney proportional to the needs of the case. 5. The 25 pages of documents designated confidential by Plaintiff (Dkt. 108): BDO's request for in camera review is GRANTED. By September 26, 2023, BDO shall make the documents available to the Court by email. The Clerk of Court is respectfully requested to terminate the letter motions at Dkts. 105, 106, and 108. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 9/19/2023) (mml)
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| Filing 115 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 18, 2023 re: Response to Dkt. No. 108. Document filed by Matthew Dyment(In his professional capacity), Rinat Hafizov, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), BDO USA, LLP, Matthew Dyment(In his individual capacity).Motion or Order to File Under Seal: #29 .(Gottlieb, David) |
| Filing 114 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 18, 2023 re: Response to Dkt. No. 108. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 113 DECLARATION of David E. Gottlieb in Opposition re: #106 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 11, 2023.. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A).(Gottlieb, David) |
| Filing 112 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 18, 2023 re: #106 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 11, 2023. . Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 111
ORDER granting #110 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/14/2023) (mml)
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| Filing 110 LETTER MOTION for Extension of Time to Respond to Dkt. Nos. 106, 107 addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 14, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Set/Reset Deadlines: Responses due by 9/18/2023. (mml) |
| Filing 109 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 12, 2023 re: #105 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 7, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 108 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 11, 2023 re: Confidentiality Designation. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A: Email between Counsel).(Ditlow, Lindsay) |
| Filing 107 ***SELECTED PARTIES*** LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 11, 2023. Document filed by Matthew Dyment(In his professional capacity), Janet Bernier(In her professional capacity), BDO USA, LLP, Janet Bernier(In her individual capacity), Matthew Dyment(In his individual capacity), Rinat Hafizov. (Attachments: #1 Exhibit B: 2023.09.08 Defendants' Rule 11 Letter [SEALED])Motion or Order to File Under Seal: #29 .(Ditlow, Lindsay) |
| Filing 106 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated September 11, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A: Subpoena - Dennis Sweeney, #2 Exhibit B: 2023.09.08 Defendants' Rule 11 Letter [REDACTED]).(Ditlow, Lindsay) |
| Filing 105 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated September 7, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gottlieb, David) |
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Filing 104
ORDER terminating #102 Letter Motion for Discovery. This order resolves the discovery dispute raised by Plaintiff at Dkt. 102, responded to by Defendants at Dkt. 103, and previously addressed by the Court at the conference held on July 19, 2023. This order does not address the scope of documents regarding retaliatory conduct as Plaintiff's letter at Dkt. 102 limits the dispute to two categories other than that. (Signed by Magistrate Judge Robert W. Lehrburger on 8/25/2023) Copies Sent By Chambers. (ate)
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| Filing 103 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated August 24, 2023 re: #102 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated August 21, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 102 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated August 21, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A. 7.19.23 Oral Argument Transcript, #2 Exhibit B. 8.9.23 Defendants' Letter re: Discovery).(Gottlieb, David) |
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Filing 101
ORDER granting #99 Letter Motion for Extension of Time. Having considered the instant letter motion and the response at Dkt. 100, Plaintiff's request for a one-week extension to response concerning the confidential designations is granted. The parties shall proceed with their currently scheduled meet and confer. Additionally, the parties shall schedule an additional meet and confer to take place after Defendant receives Plaintiff's letter response. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/11/2023) (mml)
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| Filing 100 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated August 11, 2023 re: #99 LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated August 11, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 99 LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated August 11, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit 1).(Gottlieb, David) |
| Filing 98 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated August 9, 2023 re: Number of SALT Managers. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
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Filing 97
ORDER granting #94 Letter Motion for Extension of Time to Complete Discovery. This order resolves the letter motion at Dkt. 94 requesting an extension of discovery. The parties have agreed upon, and the Court approves, the following deadlines: All Fact Discovery: 11/15/2023. Affirmative Expert Disclosures: 11/29/2023. Responsive Expert Disclosures: 12/15/2023. All Expert Discovery: 1/2/2024. Joint Status Letter: 1/9/2024. The parties shall cooperate in moving discovery expeditiously forward, including with respect to ESI. The Clerk of Court is respectfully requested to terminate the letter motion at Dkt. 94. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/31/2023) (mml)
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| Filing 96 LETTER addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 31, 2023 re: Dkt. No. 95. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 95 RESPONSE re: #94 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated July 28, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity). (Attachments: #1 Exhibit A).(Ditlow, Lindsay) |
| Set/Reset Deadlines: Expert Discovery due by 1/2/2024. Fact Discovery due by 11/15/2023. (mml) |
| Filing 94 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated July 28, 2023. Document filed by Rinat Hafizov..(Hincken, Monica) |
| Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 7/19/2023 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....(McGuirk, Kelly) |
| Filing 92 TRANSCRIPT of Proceedings re: CONFERNECE held on 7/19/2023 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Paula Horovitz, (212) 805-0348. 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 8/15/2023. Redacted Transcript Deadline set for 8/25/2023. Release of Transcript Restriction set for 10/23/2023..(McGuirk, Kelly) |
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Filing 91
DECISION AND ORDER: MOTION TO AMEND denying #39 MOTION to Amend/Correct #1 Complaint . For the foregoing reasons, Plaintiff's motion to amend is DENIED. To the extent not otherwise mentioned above, the Court has considered Plaintiff's arguments and determined them to be without merit. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/24/2023) (mml)
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Oral Argument held on 7/19/2023 at 9:30 a.m. Orders as stated on the record. (Court Reporter Paula Horovitz present). (rsh) 7/20/2023. |
| Filing 90 REPLY AFFIDAVIT of Jin Shi in Opposition re: #86 LETTER MOTION for Leave to File surreply addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 14, 2023.. Document filed by BDO USA, LLP, Janet Bernier(In her individual capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
| Filing 89 REPLY AFFIDAVIT of Janet Bernier in Opposition re: #86 LETTER MOTION for Leave to File surreply addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 14, 2023.. Document filed by BDO USA, LLP, Janet Bernier(In her individual capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
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Filing 88
ORDER: This order resolves the parties' dispute, presented at Dkt. 83, regarding Plaintiff's designation of approximately 2,500 text message documents as Confidential under the protective order governing confidential information agreed to by the parties and so-ordered by the Court. Plaintiff may appropriately designate as Confidential information that is "personal or intimate" in nature and constitutes "previously un-disclosed sensitive information." (Protective Order at 2(a)(c).) A number of Plaintiff's text messages no doubt may qualify under those criteria and justify designation as Confidential. Plaintiff may not, however, simply apply a Confidential designation to the entire group of text messages, particularly as they apparently entirely or mostly reflect communications with other of Defendant's employees. Instead, as the designating party, Plaintiff has the obligation to make a document-by-document assessment as to whether the Confidential designation is warranted. Accordingly, by July 28, 2023, Plaintiff shall (1) review all text messages designated as Confidential and make a text-by-text assessment of whether it should be designated as such; and (2) provide Defendant with a written list of all text messages that have been designated. To the extent Defendants then have individual challenges to designation of particular texts, they may follow the procedure dictated by the Protective Order. The Court agrees with Plaintiff that the question of whether information should be filed under seal is a different question governed by a different standard. The Clerk of Court is respectfully requested to terminate the letter motion at Dkt. 83. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 7/14/2023) (mml)
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Filing 87
ORDER: granting #86 Letter Motion for Leave to File Document. As the affidavit submitted by Plaintiff in reply is new subject matter, the request to file abrief sur-reply is granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/14/2023) (ama)
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| Filing 86 LETTER MOTION for Leave to File surreply addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 14, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 85 DECLARATION of David E. Gottlieb in Support re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests .. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A).(Gottlieb, David) |
| Filing 84 REPLY MEMORANDUM OF LAW in Support re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests . . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 83 JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 13, 2023 re: Confidentiality and Sealing. Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 82
ORDER granting #81 Letter Motion for Leave to File Document. Request granted. For the instant dispute and any future discovery disputes the parties may opt to file a joint letter rather than separate letters. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/13/2023) (vfr)
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| Filing 81 LETTER MOTION for Leave to File Joint Letter regarding Confidentiality Designations addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 13, 2023. Document filed by Rinat Hafizov..(Hincken, Monica) |
| Filing 80 NOTICE of Hearing: Oral Argument set for 7/19/2023 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh) |
| Filing 79 LETTER MOTION for Oral Argument addressed to Magistrate Judge Robert W. Lehrburger from Monica Hincken dated July 10, 2023. Document filed by Rinat Hafizov..(Hincken, Monica) |
| Filing 78 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 10, 2023 re: #73 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 5, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 77 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 10, 2023 re: #74 LETTER MOTION for Discovery to Quash Subpoenas addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 5, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 76 DECLARATION of Lindsay F. Ditlow in Opposition re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests .. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A: Montorio Affidavit).(Ditlow, Lindsay) |
| Filing 75 MEMORANDUM OF LAW in Opposition re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests . . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 74 LETTER MOTION for Discovery to Quash Subpoenas addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 5, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Gottlieb, David) |
| Filing 73 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated July 5, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 72
ORDER conditionally granting #71 Letter Motion to Seal. The request to seal is conditionally granted. The Clerk of Court is respectfully requested to seal the letter filed at Dkt. 66 and modify the viewing level to selected parties. The parties are advised, however, that designation of material as confidential under the protective order will not be approved for sealing unless it meets the Second Circuit standards for doing so. As the parties plan to further meet and confer, the Court will refrain from making that determination at this time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/5/2023) (vfr)
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| Filing 71 LETTER MOTION to Seal #66 Defendants' Prior Letter filed with the Court on June 21, 2023 addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated July 3, 2023. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity). (Attachments: #1 Exhibit A - Redacted June 21, 2023 Letter addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow).(Ditlow, Lindsay) |
| Filing 70 AMENDED ANSWER to #60 Amended Complaint,. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DISCOVERY CONFERENCE proceeding held on 6/6/2023 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 68 TRANSCRIPT of Proceedings re: DISCOVERY CONFERENCE held on 6/6/2023 before Magistrate Judge Robert W. Lehrburger. 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 7/17/2023. Redacted Transcript Deadline set for 7/27/2023. Release of Transcript Restriction set for 9/25/2023..(js) |
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Filing 67
ORDER denying #58 Letter Motion for Discovery. This order resolves Plaintiff's letter motion at Dkt. 58 requesting a conference to compel Defendants' compliance with the Court's previous order requiring Defendants to answer Interrogatory No. 19 and produce documents in response to Request No. 33. The Court has considered the parties' arguments and reviewed Defendants' most recent response to the Interrogatory. (See Dkt. 58 at 3.) Defendants' response sufficiently answers the interrogatory, and, as Defendants explain, they have no non-privileged documents to produce in response to Request No. 33. (Id.) Accordingly, there is nothing to compel and no need for a conference, and Plaintiff's letter motion is DENIED. The Clerk of Court is respectfully requested to terminate the letter motion at Dkt. 58. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 6/21/2023) (mml) Modified on 6/21/2023 (mml).
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| Filing 66 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated June 21, 2023 re: #58 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated June 15, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
| Filing 65 MEMORANDUM OF LAW in Support re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests . . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 64 DECLARATION of David E. Gottlieb in Support re: #63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests .. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Gottlieb, David) |
| Filing 63 MOTION to Compel Defendants to Respond to Plaintiff's Discovery Requests . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/2023 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....(McGuirk, Kelly) |
| Filing 61 TRANSCRIPT of Proceedings re: CONFERNECE held on 1/26/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. 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 7/11/2023. Redacted Transcript Deadline set for 7/21/2023. Release of Transcript Restriction set for 9/18/2023..(McGuirk, Kelly) |
| Filing 60 AMENDED COMPLAINT amending #1 Complaint, against BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity) with JURY DEMAND.Document filed by Rinat Hafizov. Related document: #1 Complaint,..(Gottlieb, David) |
| Filing 59 LETTER addressed to Judge John P. Cronan from David E. Gottlieb dated June 16, 2023 re: Amended Complaint. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 58 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from David E. Gottlieb dated June 15, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Gottlieb, David) |
| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 06/06/2023 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... (nmo) |
| Filing 56 TRANSCRIPT of Proceedings re: Discovery Conference held on 6/6/2023 before Magistrate Judge Robert W. Lehrburger. 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 7/3/2023. Redacted Transcript Deadline set for 7/13/2023. Release of Transcript Restriction set for 9/11/2023. (nmo) |
| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 6/6/2023 at 2:30 p.m. (rsh) |
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Filing 55
ORDER terminating #50 Letter Motion for Discovery. Plaintiff shall file an opening brief of no more than ten pages by June 20, 2023. Defendants shall file an opposing brief of no more than ten pages by July, 6, 2023. Plaintiff shall file a reply, if any, of no more than five pages by July 13, 2023. All other orders as stated on the record at the conference. The Clerk of Court is respectfully requested to terminate the letter motion at Dkt. 50. (Signed by Magistrate Judge Robert W. Lehrburger on 6/6/2023) Copies Sent By Chambers. (ate)
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| Set/Reset Deadlines: Motions due by 6/20/2023. Responses due by 7/6/2023. Replies due by 7/13/2023. (ate) |
| Filing 54 NOTICE of Hearing: Discovery Hearing set for 6/6/2023 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (rsh) |
| Filing 53 LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lindsay F. Ditlow dated May 24, 2023 re: #50 LETTER MOTION for Discovery addressed to Judge John P. Cronan from David E. Gottlieb dated May 19, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Matthew Dyment(In his professional capacity)..(Ditlow, Lindsay) |
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Filing 52
ORDER denying #47 Letter Motion for Oral Argument. This matter has been referred to me for general pretrial purposes. The Court will schedule oral argument if and when deemed warranted. SO ORDERED: (Signed by Magistrate Judge Robert W. Lehrburger on 5/24/23) (yv)
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Filing 51
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. Motions referred to Robert W. Lehrburger. (Signed by Judge John P. Cronan on 5/23/2023) (jca)
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| Filing 50 LETTER MOTION for Discovery addressed to Judge John P. Cronan from David E. Gottlieb dated May 19, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time. The request is granted. The deadline for the parties to submit disputes regarding their ESI protocol is extended until May 19, 2023. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 48. SO ORDERED. (Signed by Judge John P. Cronan on 5/15/2023) (jca)
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| Filing 48 LETTER MOTION for Extension of Time to Submit Disputes Regarding the ESI Protocol addressed to Judge John P. Cronan from Monica Hincken dated May 12, 2023. Document filed by Rinat Hafizov..(Hincken, Monica) |
| Filing 47 LETTER MOTION for Oral Argument addressed to Judge John P. Cronan from David E. Gottlieb dated May 5, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Amend/Correct #1 Complaint, . . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Amend/Correct #1 Complaint, . . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Sheehan, Michael) |
| Filing 44 NOTICE OF APPEARANCE by Monica Hincken on behalf of Rinat Hafizov..(Hincken, Monica) |
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Filing 43
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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 Rule 26(f) of the Federal Rules of Civil Procedure. Depositions shall be completed by August 1, 2023. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is one week. Deposition due by 9/15/2023. Fact Discovery due by 8/1/2023. Expert Discovery due by 9/15/2023. Discovery due by 9/15/2023. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 4/18/2023) (jca)
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| Filing 42 PROPOSED CASE MANAGEMENT PLAN. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 41 DECLARATION of David E. Gottlieb in Support re: #39 MOTION to Amend/Correct #1 Complaint, .. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Gottlieb, David) |
| Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION to Amend/Correct #1 Complaint, . . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 39 MOTION to Amend/Correct #1 Complaint, . Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/3/2023 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 37 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/3/2023 before Judge John P. Cronan. Court Reporter/Transcriber: Marissa Mignano, 805-0300. 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 5/3/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/11/2023..(js) |
| Minute Entry for proceedings held before Judge John P. Cronan: Conference held on April 3, 2023. The Court held a conference to discuss Plaintiffs proposed motion to amend the Complaint. Plaintiff shall file his motion by April 14, 2023. Defendants shall file their response by April 28, 2023. Plaintiff shall file his reply, if any, by May 5, 2023. The parties shall also file a new joint proposed case management plan. (Recorded on AT&T line). (mhe) |
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Filing 36
ORDER granting #35 Letter Motion to Adjourn Conference. The request is granted. The conference currently scheduled for March 20, 2023 is adjourned until April 3, 2023 at 10:00 a.m. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 35. SO ORDERED. Telephone Conference set for 4/3/2023 at 10:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 3/9/2023) (jca)
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| Filing 35 LETTER MOTION to Adjourn Conference addressed to Judge John P. Cronan from David E. Gottlieb dated March 8, 2023. Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 34
MEMO ENDORSEMENT on re: #33 Response to Motion,, filed by Matthew Dyment, Janet Bernier, BDO USA, LLP. ENDORSEMENT The Court will hold a conference to discuss Plaintiff's proposed motion on March 20, 2023 at 3:00 p.m. The conference will take place telephonically. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Telephone Conference set for 3/20/2023 at 03:00 PM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/7/2023) (jca)
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| Filing 33 LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Lindsay F. Ditlow dated March 6, 2023 re: #32 LETTER MOTION for Leave to File Proposed Amended Complaint addressed to Judge John P. Cronan from David E. Gottlieb dated March 2, 2023. . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
| Filing 32 LETTER MOTION for Leave to File Proposed Amended Complaint addressed to Judge John P. Cronan from David E. Gottlieb dated March 2, 2023. Document filed by Rinat Hafizov. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Defendants' Deficiency Letter, #3 Exhibit Emails RE Proposed Amended Complaint, #4 Exhibit Van Alphen v. Tocqueville Asset Management, L.P., et al. Moving Papers and Order).(Gottlieb, David) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 26, 2023. The Court held the initial pretrial conference and addressed Defendants motion to strike. For the reasons stated on the record, the motion is denied in its entirety. The Court will separately enter the case management plan. The parties shall notify the Court if they would like a referral to mediation (Court Reporter Rose Prater). (mhe) |
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Filing 31
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before aUnited States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion for leave to amend or to join additional parties shall be filed by Jan. 4, 2023. With the exception that Plaintiff may move for leave to include a claim under Title VII following receipt of the right to sue from the EEOC. Defendants reserve all rights and defenses. All fact discovery shall be completed no later than April 3, 2023. Depositions shall be completed by April 3, 2023. All expert discovery, including expert depositions, shall be completed no later than May 18, 2023. Any affirmative expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure shall be made on or before April 17, 2023. Any responsive expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure shall be made on or before May 5, 2023. All discovery must be completed by May 18, 2023. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is one week. The parties shall submit a joint status letter to the Court no later than May 25, 2023. SO ORDERED. Depositions due by 5/18/2023. Fact Discovery due by 4/3/2023. Expert Discovery due by 5/18/2023. Discovery due by 5/18/2023. (Signed by Judge John P. Cronan on 1/26/2023) (vfr)
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| Filing 30 JOINT LETTER addressed to Judge John P. Cronan from David E. Gottlieb dated January 18, 2023 re: Initial Pretrial Conference. Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 29
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge John P. Cronan on 1/17/23) (yv)
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| Filing 28 PROPOSED PROTECTIVE ORDER. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity). (Attachments: #1 Exhibit A: Non-Disclosure Agreement).(Ditlow, Lindsay) |
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Filing 27
NOTICE OF ASSIGNMENT: Initial Conference by telephone set for 1/26/2023 at 4:00 PM before Judge John P. Cronan. At this conference the Court will also rule on Defendants' motion to strike. Dkt. 18. Unless the Court orders otherwise, the Court will conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. (Signed by Judge John P. Cronan on 12/13/2022) (vfr)
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| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Strike Certain Allegations From The Complaint Pursuant To Fed. R. Civ. Proc. 12(F). . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Sheehan, Michael) |
| Filing 25 PROPOSED CASE MANAGEMENT PLAN. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Strike Certain Allegations From The Complaint Pursuant To Fed. R. Civ. Proc. 12(F). . Document filed by Rinat Hafizov..(Gottlieb, David) |
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Filing 23
MEMO ENDORSEMENT with respect to #18 Motion to Strike document #18 MOTION to Strike Certain Allegations From The Complaint Pursuant To Fed. R. Civ. Proc. 12(F). filed by Matthew Dyment, Janet Bernier, BDO USA, LLP from the record. ENDORSEMENT As Defendant has already filed the proposed motion, Dkt. 18, Plaintiff shall file his response by December 2, 2022. Defendant shall file its reply, if any, by December 9, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 11/14/2022) (jca)
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| Set/Reset Deadlines: Responses due by 12/2/2022 Replies due by 12/9/2022. (jca) |
| Filing 22 LETTER addressed to Judge John P. Cronan from David E. Gottlieb dated November 11, 2022 re: Response to Pre-Motion Letter. Dkt. No. 21.. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 21 LETTER addressed to Judge John P. Cronan from Lindsay Ditlow dated November 8, 2022 re: Doc # 18. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
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Filing 20
MEMO ENDORSEMENT on re: #14 Statement of Relatedness filed by Rinat Hafizov ENDORSEMENT The Court has determined that this case is not related to Sweeney v. BDO USA, et al., No. 19 Civ. 7389 (GHW). See R. for the Div. of Bus. among Dist. Judges, S.D.N.Y. 13(a)(2)(B) ("[C]ivil cases presumptively shall not be deemed related unless both cases are pending before the court (or the earlier case is on appeal)."). SO ORDERED. (Signed by Judge John P. Cronan on 11/7/2022) (jca)
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| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Strike Certain Allegations From The Complaint Pursuant To Fed. R. Civ. Proc. 12(F). . Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Sheehan, Michael) |
| Filing 18 MOTION to Strike Certain Allegations From The Complaint Pursuant To Fed. R. Civ. Proc. 12(F). Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Sheehan, Michael) |
| Filing 17 ANSWER to #1 Complaint,. Document filed by BDO USA, LLP..(Sheehan, Michael) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDO USA, LLP..(Sheehan, Michael) |
| Filing 15 LETTER addressed to Judge John P. Cronan from Lindsay Ditlow dated October 20, 2022 re: contesting related case designation. Document filed by BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
| Filing 14 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-07389-GHW. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 13 NOTICE OF APPEARANCE by Michael J. Sheehan on behalf of BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Sheehan, Michael) |
| Filing 12 NOTICE OF APPEARANCE by Lindsay Faye Ditlow on behalf of BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity)..(Ditlow, Lindsay) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Matthew Dyment.(vf) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Janet Bernier.(vf) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to BDO USA, LLP. (vf) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Dyment, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Janet Bernier, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to BDO USA, LLP, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Evan Gottlieb to RE-FILE Document No. #5 Request for Issuance of Summons, #3 Request for Issuance of 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; Caption title for each summons must be the same;. 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) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Dyment, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) Modified on 10/18/2022 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Janet Bernier, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) Modified on 10/18/2022 (pc). |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to BDO USA, LLP, re: #1 Complaint,. Document filed by Rinat Hafizov..(Gottlieb, David) Modified on 10/18/2022 (pc). |
| Filing 2 CIVIL COVER SHEET filed..(Gottlieb, David) |
| Filing 1 COMPLAINT against BDO USA, LLP, Janet Bernier(In her professional capacity), Janet Bernier(In her individual capacity), Matthew Dyment(In his professional capacity), Matthew Dyment(In his individual capacity). (Filing Fee $ 402.00, Receipt Number ANYSDC-26826854)Document filed by Rinat Hafizov..(Gottlieb, David) |
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