Martin v. Donaldson and Chilliest, LLP et al
| Renee Martin |
| Donaldson and Chilliest, LLP, Anthony Chilliest and Cap [Last Name Unknown] |
| 1:2022cv08975 |
| October 20, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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Filing 48
ORDER: For the reasons stated during the teleconference held on June 29, 2023, the parties are directed to meet and confer with respect to the scope of the financial information sought by Plaintiff no later than June 30, 2023. Defendants are directed to provide responsive documents with respect to Plaintiff's request for financial information no later than July 17, 2023. Furthermore, Defendants are directed to provide responsive documents with respect to Plaintiff's request concerning the identity of "Cap" no later than July 5, 2023. (Signed by Judge Gregory H. Woods on 6/29/2023) (rro)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/29/2023. (Court Reporter present) (wv) |
| Filing 47 ANSWER to #37 Amended Complaint,. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
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Filing 46
ORDER granting #45 . The parties' application to adjourn the June 14, 2023 pre-motion conference is granted. The conference is adjourned to June 29, 2023 at 2:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 45 FIRST LETTER MOTION to Adjourn Conference scheduled for June 14, 2023 addressed to Judge Gregory H. Woods from George T. Peters, Esq. dated June 10, 2023. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
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Filing 44
ORDER granting #43 . The parties' request for a pre-motion conference is granted. The Court will hold a teleconference regarding the parties' discovery dispute on June 14, 2023 at 3:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 43 FIRST LETTER MOTION for Discovery Dispute addressed to Judge Gregory H. Woods from George T. Peters dated June 5, 2023. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
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Filing 42
ORDER granting #35 . The parties' request for an extension of time to complete discovery, Dkt. No. 35, is granted. The deadline for the completion of all fact discovery is extended to September 12, 2023. The deadline for the completion of all expert discovery is extended to October 27, 2023. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by September 12, 2023. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by September 26, 2023. The deadline for submission of motions for summary judgment, if any, is extended to November 27, 2023. The status conference scheduled for August 7, 2023 is adjourned to November 8, 2023 at 2:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on January 9, 2023, Dkt. No. 18, is due no later than November 1, 2023. Except as expressly modified by this order, the case management plan entered by the Court on January 9, 2023, Dkt. No. 18, remains in full force and effect. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 41
ORDER denying without prejudice #40 . As the parties know, Rule 2 of the Courts Individual Rules of Practice in Civil Cases requires the submission of a joint letter. A joint letter is not one that is merely designated as being joint, as is the case here. Instead, a joint letter should state the position of each party with respect to the issues presented to the Court, with legal authority supporting their positions. This letter and its attachments do not provide information regarding the basis for the defendants position. The parties should submit a joint letter describing the positions of each of the parties and the legal support for their positions no later than June 5, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 40. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 40 JOINT LETTER MOTION for Discovery Conference addressed to Judge Gregory H. Woods from Daniel Altaras dated May 31, 2023. Document filed by Renee Martin. (Attachments: #1 Exhibit First Letter to Defendants, #2 Exhibit Second Letter to Defendants).(Altaras, Daniel) |
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Filing 39
ORDER denying without prejudice #36 Letter Motion for Discovery. Application denied without prejudice. The request filed by Plaintiff fails to comply with Rule 2 of the Court's Individual Rules of Practice in Civil Cases. The request must be made jointly. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 36. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/25/2023) (tg)
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Filing 38
ORDER granting #34 Letter Motion for Extension of Time to Answer re #34 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from George T. Peters dated May 24, 2023. LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from George T. Peters dated May 24, 2023., #37 Amended Complaint,. Anthony Chilliest answer due 6/27/2023; Donaldson and Chilliest, LLP answer due 6/27/2023; terminating #34 Letter Motion for Extension of Time to Complete Discovery. Defendants' application for an extension of time to answer or otherwise respond to the complaint, Dkt. No. 19, is granted. The deadline for Defendants to answer or otherwise respond to the complaint is extended to June 27, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 34. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/25/2023) (tg)
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| Filing 37 SECOND AMENDED COMPLAINT amending #19 Amended Complaint against Anthony Chilliest, Donaldson and Chilliest, LLP, Cap [Last Name Unknown] with JURY DEMAND.Document filed by Renee Martin. Related document: #19 Amended Complaint..(Altaras, Daniel) |
| Filing 36 LETTER MOTION for Discovery Conference addressed to Judge Gregory H. Woods from Daniel Altaras dated May 25, 2023. Document filed by Renee Martin. (Attachments: #1 Exhibit First Letter to Defendants, #2 Exhibit Second Letter to Defendants).(Altaras, Daniel) |
| Filing 35 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Daniel Altaras dated May 25, 2023. Document filed by Renee Martin. (Attachments: #1 Exhibit Proposed Revised Case Management Plan and Scheduling Order).(Altaras, Daniel) |
| Filing 34 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from George T. Peters dated May 24, 2023., LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from George T. Peters dated May 24, 2023. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 5/5/2023 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 32 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2023 before Judge Gregory H. Woods. 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 6/5/2023. Redacted Transcript Deadline set for 6/15/2023. Release of Transcript Restriction set for 8/14/2023..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/5/2023. (Court Reporter present) (wv) |
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Filing 31
ORDER granting in part and denying in part #26 Motion to Dismiss. For the reasons stated on the record during the teleconference held on May 5, 2023, the motion to dismiss filed by Defendants Anthony Chilliest and Donaldson and Chilliest, LLP, Dkt. No. 26, is granted in part and denied in part. The motion to dismiss is granted as to Plaintiff's New York Labor Law claims and her claims for intentional and negligent infliction of emotional distress. The Court grants Plaintiff leave to replead the dismissed claims. Any amended complaint must be filed no later than May 26, 2023. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. No. 26. (Signed by Judge Gregory H. Woods on 5/5/2023) (ate)
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| Set/Reset Deadlines: Amended Pleadings due by 5/26/2023. (ate) |
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Filing 30
ORDER. The Court will hold a teleconference to discuss Defendants' motion to dismiss, Dkt. No. 26, on May 5, 2023 at 2:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #26 AMENDED MOTION to Dismiss . . Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #26 AMENDED MOTION to Dismiss . . Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 AMENDED MOTION to Dismiss . . Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
| Filing 26 AMENDED MOTION to Dismiss . Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP. Responses due by 2/27/2023.(Peters, George) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney George Peters to RE-FILE Document #25 FIRST MOTION to Dismiss Amended Complaint.. Use the event type Replies, Opposition and Supporting Documents found under the event list Memorandum of Law in Support of Motion.***REMINDER***FIRST MOTION TO DISMISS WAS NOT FILED. FIRST FILE THE MOTION, THEN LINK THE SUPPORTING DOCUMENT(S) TO THE MOTION.*** (kj) |
| Filing 25 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Dismiss Amended Complaint. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP. Responses due by 2/27/2023.(Peters, George) Modified on 2/7/2023 (kj). |
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Filing 24
ORDER: Defendants' January 19, 2023 request for leave to file a motion to dismiss, Dkt. No. 21, is granted. The deadline for Defendants to file and serve their motion to dismiss is February 6, 2023. Plaintiff's opposition is due three weeks after service of Defendants' motion; Defendants' reply, if any, is due within seven days after service of Plaintiff's opposition. SO ORDERED. ( Motions due by 2/6/2023.) (Signed by Judge Gregory H. Woods on 1/24/2023) (vfr)
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| Filing 23 LETTER addressed to Judge Gregory H. Woods from Daniel Altaras dated January 24, 2023 re: Defendants' Request for Leave to File a Second Motion to Dismiss. Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 22 NOTICE OF APPEARANCE by George Theodore Peters on behalf of Anthony Chilliest, Donaldson and Chilliest, LLP..(Peters, George) |
| Filing 21 LETTER addressed to Judge Gregory H. Woods from Anthony S Chilliest dated 01/19/2023 re: Pre-motion Conference Request. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Chilliest, Anthony) |
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Filing 20
ORDER denying as moot #16 . In response to Defendant's December 21, 2022 motion to dismiss, Dkt. No. 16, Plaintiff has amended her complaint pursuant to Rule 15(a)(1)(B). Accordingly, Defendant's motion to dismiss is denied as moot. Pursuant to the Courts Individual Rule 3(D), the deadline for Defendant to answer or otherwise respond to the amended complaint is January 31, 2023. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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| Filing 19 AMENDED COMPLAINT amending #1 Complaint against Anthony Chilliest, Donaldson and Chilliest, LLP, Cap [Last Name Unknown] with JURY DEMAND.Document filed by Renee Martin. Related document: #1 Complaint..(Altaras, Daniel) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/9/2023. (Court Reporter present) (wv) |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 6/9/2023. Deposition due by 6/9/2023. Expert Discovery due by 7/23/2023. Motions for summary judgment, if any, shall be filed no later than 8/24/2023. The parties expect that 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 4-5 days. Status Conference set for 8/7/2023 at 01:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/9/2023) (rro)
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| Filing 17 JOINT LETTER addressed to Judge Gregory H. Woods from Daniel Altaras dated January 2, 2023 Document filed by Renee Martin. (Attachments: #1 Exhibit Proposed Case Management Plan and Scheduling Order).(Altaras, Daniel) |
| Filing 16 MOTION to Dismiss . Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP. Responses due by 1/10/2023.(Chilliest, Anthony) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/9/2022. (Court Reporter present) (wv) |
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Filing 15
ORDER Defendants' November 29, 2022 request for leave to file a motion to dismiss, Dkt. No. 12, is granted. The deadline for Defendants to file and serve their motion to dismiss is December 20, 2022. Plaintiffs opposition is due three weeks after service of Defendants' motion; Defendants'reply, if any, is due within seven days after service of Plaintiff's opposition. SO ORDERED. (Motions due by 12/20/2022.) (Signed by Judge Gregory H. Woods on 12/9/2022) (jca)
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| Filing 14 LETTER addressed to Judge Gregory H. Woods from Daniel Altaras dated December 5, 2022 re: Defendants' Request for a Pre-Motion Conference. Document filed by Renee Martin..(Altaras, Daniel) |
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Filing 13
ORDER. Defendants' request for a pre-motion conference is granted. The Court will hold a teleconference regarding Defendants' proposed motion to dismiss on December 9, 2022 at 2:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 12 LETTER addressed to Judge Gregory H. Woods from ANTHONY S. CHILLIEST dated 11/28/2022 re: Pre-motion Conference Request. Document filed by Anthony Chilliest, Donaldson and Chilliest, LLP..(Chilliest, Anthony) |
| Filing 11 NOTICE OF APPEARANCE by Anthony Servall Chilliest on behalf of Anthony Chilliest..(Chilliest, Anthony) |
| Filing 10 NOTICE OF APPEARANCE by Anthony Servall Chilliest on behalf of Donaldson and Chilliest, LLP..(Chilliest, Anthony) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Anthony Chilliest served on 11/22/2022, answer due 12/13/2022. Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 8 AFFIDAVIT OF SERVICE. Donaldson and Chilliest, LLP served on 10/26/2022, answer due 11/16/2022. Service was accepted by Sue Zouky. Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Donaldson and Chilliest, LLP..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Anthony Chilliest..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Anthony Chilliest, re: #1 Complaint. Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Donaldson and Chilliest, LLP, re: #1 Complaint. Document filed by Renee Martin..(Altaras, Daniel) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/9/2023 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 10/21/2022) (rro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Judah Altaras. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Queens. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Altaras, Daniel) |
| Filing 1 COMPLAINT against Anthony Chilliest, Donaldson and Chilliest, LLP, Cap [Last Name Unknown]. (Filing Fee $ 402.00, Receipt Number ANYSDC-26848063)Document filed by Renee Martin..(Altaras, Daniel) |
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