Phillips et al v. The National Basketball Association et al
| JASON PHILLIPS, MARK AYOTTE and KEN MAUER |
| The National Basketball Association, NBA SERVICES CORP and NBA Services Corp. |
| 1:2022cv09666 |
| November 11, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Katherine Polk Failla |
| Civil Rights: Jobs |
| Plaintiff |
Docket Report
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 1/23/2023 at 10:00 AM in telephone or video conference.(mnp) |
Filing 19
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, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The Court will conduct a telephonic post-discovery conference on July 24, 2023 at 10:00 a.m. The dial-in number is 888-363-4749 and the conference code is 2682448. The parties have conferred and their present best estimate of the length of trial is 6 days. Depositions shall be completed by 4/7/2023. Deposition due by 7/14/2023. Fact Discovery due by 4/14/2023. Expert Discovery due by 7/14/2023. Discovery due by 7/14/2023. Telephone Conference set for 7/24/2023 at 10:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 12/15/2022) (kv)
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| Filing 18 FIRST LETTER addressed to Judge Vernon S. Broderick from Sheldon Karasik dated 12/14/2022 re: Summarizing the nature of the action pursuant to the text order dated December 8, 2022 [ECF 15]. Document filed by Mark Ayotte, Ken Mauer, Jason Phillips..(Karasik, Sheldon) |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by Mark Ayotte, Ken Mauer, Jason Phillips..(Karasik, Sheldon) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 1/12/2023.(ah) |
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Filing 16
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 12/23/2022. (Signed by Judge Loretta A. Preska on 10/01/2015) (rpr)
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Filing 15
ORDER AND NOTICE OFINITIAL CONFERENCE This case has been assigned to me for all purposes. It is hereby: ORDERED that the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by December 14, 2022, the parties submit a joint letter, not to exceed three (3) pages. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Courts Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov /rules/ecf-related-instructions. (And as further set forth herein)SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/8/2022) (jca)
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| Filing 14 ANSWER to #13 Amended Complaint,,. Document filed by NBA Services Corp., The National Basketball Association..(Bloom, Elise) |
| Filing 13 FIRST AMENDED COMPLAINT amending #5 Complaint against NBA Services Corp., The National Basketball Association with JURY DEMAND.Document filed by Jason Phillips, Ken Mauer, Mark Ayotte. Related document: #5 Complaint. (Attachments: #1 Exhibit Exhibit 1 - Mark Ayotte Exemption Request, #2 Exhibit Exhibit 2 - Mark Ayotte Denial Letter, #3 Exhibit Exhibit 3 - Kenny Mauer Exempion Request, #4 Exhibit Exhibit 4 - Kenny Mauer Denial Letter, #5 Exhibit Exhibit 5 - Jason Phillips Exemption Request, #6 Exhibit Exhibit 6 - Jason Phillips Denial Letter).(Karasik, Sheldon) |
| Filing 12 NOTICE OF APPEARANCE by Michelle A. Annese on behalf of NBA Services Corp., The National Basketball Association..(Annese, Michelle) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NBA Properties, Inc. for NBA Services Corp.. Document filed by NBA Services Corp...(Bloom, Elise) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The National Basketball Association..(Bloom, Elise) |
| Filing 9 NOTICE OF APPEARANCE by Elise Michelle Bloom on behalf of NBA Services Corp., The National Basketball Association..(Bloom, Elise) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to The National Basketball Association. (vf) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to NBA Services Corp.. (vf) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Katherine Polk Failla is no longer assigned to the case. (vba) |
| Filing 6 CIVIL COVER SHEET filed..(Karasik, Sheldon) |
| Filing 5 COMPLAINT against NBA Services Corp., The National Basketball Association. Document filed by Jason Phillips, Ken Mauer, Mark Ayotte..(Karasik, Sheldon) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to The National Basketball Association, re: #1 Complaint,. Document filed by Mark Ayotte, Ken Mauer, Jason Phillips..(Karasik, Sheldon) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to NBA SERVICES CORP., re: #1 Complaint,. Document filed by Mark Ayotte, Ken Mauer, Jason Phillips..(Karasik, Sheldon) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sheldon G. Karasik. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $100,000; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sheldon G. Karasik to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately; multiple Citizenship Defendant codes was selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sheldon G. Karasik to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sheldon G. Karasik. The party information for the following party/parties has been modified: JASON PHILLIPS; MARK AYOTTE; KEN MAUER. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sheldon G. Karasik to RE-FILE Document No. #2 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; the Court name is not on the PDF; party name on the PDF 'To' section must match exactly as it appears on the pleading caption; each summons request must be filed separately;. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge 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. (jgo) |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The National Basketball Association and NBA Services Corp., re: #1 Complaint. Document filed by MARK AYOTTE, KEN MAUER, JASON PHILLIPS..(Karasik, Sheldon) Modified on 11/14/2022 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-26950326)Document filed by JASON PHILLIPS, KEN MAUER, MARK AYOTTE. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Karasik, Sheldon) Modified on 11/14/2022 (jgo). |
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