Shane-Rustvold v. Sarah Lawrence Colle
Plaintiff: Kirsten Shane-Rustvold
Defendant: Sarah Lawrence College
3Rd Party Defendant: Colin Service Systems, Inc.
Case Number: 7:2000cv07563
Filed: October 6, 2000
Court: US District Court for the Southern District of New York
Presiding Judge: Mark D Fox
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 pi Diversity-Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 15, 2003. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2003 Filing 52 Bill of costs money judgment #03-0305 WP (mov)
September 12, 2003 Filing 71 SATISFACTION OF JUDGMENT Re: [51-1] judgment order in the amount of $1,300,942.52; Judgment satisfed on 09/12/03. Judgment marked satisfied and entered into money judgment book. Signed by J. Michael McMahon. (mov)
September 5, 2003 Filing 70 MANDATE OF USCA (certified copy) Re: WITHDRAWN without costs and without attorneys' fees pursuant to Rule 42(b) of FRAP [65-1] appeal by Sarah Lawrence Colle (ll)
June 9, 2003 Notice that the index to the record on appeal has been certified and transmitted to the USCA on may 28th 2003. The record will be retained by the USDC until requested by the USCA. (cg)
May 28, 2003 Filing 69 Notice that index to the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [0-0] transmitted appeal, [65-1] appeal by Sarah Lawrence Colle (cg)
February 20, 2003 Filing 68 BOND # CGB 8688558 in the sum of $ 1,300,942.52 entered by Sarah Lawrence Colle. 02/13/03: Bond approved by: Patrick Moran, Deputy Clerk. SO ORDERED: (Mark D. Fox, USMJ). (dc)
February 14, 2003 Opinion or Order Memo endorsed on motion; granting [67-1] motion to stay the enforcement of the judgment entered on October 30, 2002. ENDORSED: Application Granted on Consent of Plaintiff's counsel by telephone today. SO ORDERED: ( signed by Magistrate Judge Mark D. Fox ); Clerk's Office Mailed Copies. (dc) Modified on 02/18/2003
February 13, 2003 Filing 67 NOTICE OF MOTION by Sarah Lawrence Colle to stay the enforcement of the judgment entered on October 30, 2002 . No Return Date. (sv)
February 13, 2003 Filing 66 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of September 17, 2002. (sv)
February 7, 2003 Filing 65 NOTICE OF APPEAL by Sarah Lawrence Colle from [64-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: Leslie F. Ruff, Daniel A. Rizzi, Mariangela Chiaravalloti, Steven H. Beldock. $105.00 fee paid. Receipt 457724. C&D Forms issued. (sv)
February 7, 2003 Notice of appeal and certified copy of docket to USCA: [65-1] appeal by Sarah Lawrence Colle ; Copy of notice of appeal sent to District Judge. (sv)
January 23, 2003 Opinion or Order Filing 64 MEMORANDUM ORDER denying [58-1] motion for judgment as a matter of law, denying [58-2] motion for new trial ... For the foregoing reasons(see document for details), Dft's Rule 50(b) and Rule 59 Motion is denied. So Ordered: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed by Chambers. (pf)
December 3, 2002 Filing 63 REPLY MEMORANDUM by Sarah Lawrence Colle in support re: [58-1] motion for judgment as a matter of law, [58-2] motion for new trial . (pf)
November 18, 2002 Filing 62 MEMORANDUM OF LAW by Kirsten Shane-Rustvold in opposition to [58-2] motion for new trial . (ll)
November 18, 2002 Filing 61 AFFIDAVIT of A. Joseph Giannini by Kirsten Shane-Rustvold in opposition to [58-2] motion for new trial . (ll)
November 8, 2002 Filing 60 AFFIDAVIT OF SERVICE of Motion for Jgmnt as a matter of law and for new trial, Affidavit of Christopher Gegwich, with attached exhibits, and memo of law in support of motion for jgmnt as a matter of law and for a new trial as to Kirsten Shane-Rustvold, Colin Service System by Eileen Scanlon on 11/7/02 . Answer due on 11/27/02 for Kirsten Shane-Rustvold, for Colin Service System . (pf)
November 8, 2002 Filing 59 MEMORANDUM OF LAW by Sarah Lawrence Colle, Sarah Lawrence Colle in support of [58-1] motion for judgment as a matter of law, [58-2] motion for new trial . (pf)
November 8, 2002 Filing 58 NOTICE OF MOTION by Sarah Lawrence Colle, Sarah Lawrence Colle for judgment as a matter of law , and for new trial . No Return Date (pf)
November 6, 2002 Filing 57 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of 09/18/02. (fk)
November 6, 2002 Filing 56 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of 09/18/02. (fk)
November 6, 2002 Filing 55 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of 09/17/02. (fk)
November 6, 2002 Filing 54 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of 09/17/02. (fk)
November 6, 2002 Filing 53 Transcript of record of proceedings before Magistrate Judge Mark D. Fox for the date(s) of 09/19/02. (fk)
October 30, 2002 Filing 52 Bill of costs, This aplicationfor costs was not contested in this matter. Costs are therefore taxed in the amount of $3,763.41 and awarded to plainitff. Copies of this decision were faxed to the parties. J. Michael McMahon- Acting Clerk, by Robert Rogers, Deputy in Charge, WP. 10/30/02. (bls)
October 30, 2002 Opinion or Order Filing 51 JUDGMENT # 02,0373 for Kirsten Shane-Rustvold against Sarah Lawrence Colle ... it is Ordered, Adjudged andDecreed that the plntff, Kirsten Shane-Rustvold, residing at 95 Second Avenue, New York, NY, does recover judgment against the dft Sarah Lawrence Colledge, located at 1 Meadway, Bronxville, NY in the sum of $195,074.19 as a lump representing the award for past impairment of earnings ability, past medical expenses, and past pain and suffering and the first $250,000.00 of the future damages all net of litigation expenses and attys fees, plus interest at 1.62% from the date of the verdict(9/27/02) in the sum of $294.37, together with costs and disbursements as taxed by the Clerk in the sum of $3,763.41 making a total recovery in the sum of $199,131.97 and that plntff have execution therefor ...and it is further Ordered Adjudged and Decreed that plntff does recover judgment against dft the sum of $412,851.13 as a lump sum as and for atty's fees on the lump sum payments and on the present value of the future payments and the sum of $56,671.19 as and for litigation expenses, for a lump sum recovery of $469,522.32 plus interest at 1.62% from the date of the verdict(927/02 in the sum of $708.53 making a total recovery of $470,230.85 and that plntff have execution therefor i...and it is further Ordered, Adjudged and Decreed that dft be and they are hereby directed to purchase and guaranty payment of an annuity contract by an insurance carrier designated as qualified by the Superintendent of Insurance of the State of NY to make the following annual poyments: ...(see document for details)...and it is further Ordered, Adjudged and Decreed that upon the purchase of said annuity contract, dft shall, within 15 days, serve the plntff with a copy of said annuity contract...See document for further information... So Ordered:( signed by Magistrate Judge Mark D. Fox ); Mailed copies and notice of right to appeal. Entered On Docket: 10/30/02. Copies mailed by Clerk's Office. (pf)
October 30, 2002 Filing 50 Memorandum to Docket Clerk: .Jury trial begun on 9-17-02 proceeded to 9-27-02. On 9-18-02 Colin Service Systems Inc. released from any and all related individuals , Court grants dismissal of Colin Services Systerms. Trial concluded on 9-27-02, total days: 9. Jury Verdict for Plaintiff, Kristen Shane Rustuold. Clerk is to enter judgment accordingly. Submitted by: Ed Modugno (dh)
October 30, 2002 Filing 49 Letter filed by Kirsten Shane-Rustvold addressed to Judge Fox from Alan M. Friedman, dated 10-23-02, re: Proposed Judgment. (dh)
October 30, 2002 Filing 48 Letter filed by Kirsten Shane-Rustvold addressed to Judge Fox from Alan M. Friedman, dated 10-29-02, re: bill of cost. (dh)
October 30, 2002 Case closed. (bls)
September 24, 2002 Filing 47 DEFENDANT AND THIRD-PARTY PLAINTIFF SARAH LAWRENCE COLLEG'S SUPPLEMENTAL PROPOSED SPECIAL VERDICT FORM by Sarah Lawrence Colle . (sv)
September 12, 2002 Filing 46 TRIAL MEMORANDUM by Sarah Lawrence College in support of its affirmative defense of assumption of risk . (pf)
September 3, 2002 Filing 45 PROPOSED TRIAL MEMORANDUM by Sarah Lawrence Colle, Sarah Lawrence Colle . (pf)
September 3, 2002 Filing 44 Proposed Voir Dire Questions by Sarah Lawrence Colle, Sarah Lawrence Colle (pf)
September 3, 2002 Filing 43 Proposed Special Verdict Form by Sarah Lawrence Colle, Sarah Lawrence Colle . (pf)
September 3, 2002 Filing 42 Trial Exhibit list by Sarah Lawrence Colle, Sarah Lawrence Colle (pf)
September 3, 2002 Filing 41 Trial Witness list by Sarah Lawrence Colle, Sarah Lawrence Colle (pf)
September 3, 2002 Filing 40 Proposed Jury Instructions by Sarah Lawrence Colle, Sarah Lawrence Colle (pf)
August 27, 2002 Filing 39 REPLY MEMORANDUM by Sarah Lawrence Colle re: [36-1] motion in limine to preclude the testimony of Stanley Fein and Stuart W. Sachnin . (sv)
August 27, 2002 Filing 38 AFFIDAVIT of Christopher G. Gegwich by Sarah Lawrence Colle in support of [36-1] motion in limine to preclude the testimony of Stanley Fein and Stuart W. Sachnin . (sv)
August 8, 2002 PRETRIAL CONFERENCE held before Magistrate Judge Mark D. Fox cc 5 mins. (ll)
August 1, 2002 Filing 37 MEMORANDUM OF LAW by Sarah Lawrence Colle in support of [36-1] motion in limine to preclude the testimony of Stanley Fein and Stuart W. Sachnin . (sv)
August 1, 2002 Filing 36 NOTICE OF MOTION by Sarah Lawrence College in limine to preclude the testimony of Stanley Fein and Stuart W. Sachnin . Return Date 8/29/02 at 0:00. (sv)
July 24, 2002 PRETRIAL CONFERENCE held before Magistrate Judge Mark D. Fox . (pf)
June 18, 2002 Opinion or Order Filing 35 MEMORANDUM & ORDER denying [31-1] motion for summary judgment, denying [31-2] motion to dismiss the third-party complaint, denying [23-1] motion for summary judgment ... For the foregoing reasons(see document for details), Saah Lawrence's motion for summary jgmnt and Colin's motion for summary jgmnt are DENIED. So ordered: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (pf)
May 10, 2002 PRETRIAL CONFERENCE held before Magistrate Judge Mark D. Fox . (pf)
April 10, 2002 Filing 34 MEMORANDUM OF LAW by Colin Service System in support of [31-1] motion for summary judgment . (sv)
April 10, 2002 Filing 33 AFFIDAVIT of Leslie Ruff by Colin Service System in further support of [31-1] motion for summary judgment, [31-2] motion to dismiss the third-party complaint . (pf)
April 10, 2002 Filing 32 MEMORANDUM OF LAW by Colin Service System in support of [31-1] motion for summary judgment, [31-2] motion to dismiss the third-party complaint . (pf)
April 10, 2002 Filing 31 NOTICE OF MOTION by Colin Service System for summary judgment , and to dismiss the third-party complaint . No Return date (pf)
March 7, 2002 Filing 30 RULE 56.1 STATEMENT filed by Sarah Lawrence Colle (dh)
March 7, 2002 Filing 29 REPLY MEMORANDUM by Sarah Lawrence Colle re: [23-1] motion for summary judgment (dh)
March 7, 2002 Filing 28 MEMORANDUM OF LAW by Sarah Lawrence Colle in opposition to [23-1] motion for summary judgment . (dh)
March 7, 2002 Telephone Pretrial Conference held before Magistrate Judge Mark D. Fox . (ll)
February 22, 2002 Filing 27 MEMORANDUM OF LAW by Kirsten Shane-Rustvold in opposition to [23-1] motion for summary judgment . (ll)
February 22, 2002 Filing 26 RULE 56.1 STATEMENT filed by Kirsten Shane-Rustvold (ll)
January 29, 2002 Filing 25 AFFIDAVIT OF SERVICE of Notice of Motion with Rule 56.1 Statement and affidavits of Maureen Gallagher and Christopher Gegwich together with supporting exhibits attached, and Sarah Lawrence College's Memorandum of Law in Support of its Motion for Summary Judgment as to Kirsten Shane-Rustvold, Colin Service System by Ursula Cunnane on 1/22/02, by depositing true copies in an offical Federal Express overnight wrappers for overnight delivery, addressed to: Mariangela Chiaravallotio, Esq., Friedman & Friedman, Attorneys for Plaintiff, 401 Broadway, Suite 808, New York, NY 10013-3080 and Leslie F. Ruff, Esq., Biedermann, Hoening, Massamillo & Ruff, Attorneys for Third-Party Defendant, 90 Park Avenue, New York, NY 10016. . (sv)
January 25, 2002 Filing 24 MEMORANDUM OF LAW by Sarah Lawrence Colle, Sarah Lawrence Colle in support of [23-1] motion for summary judgment . (pf)
January 25, 2002 Filing 23 NOTICE OF MOTION by Sarah Lawrence Colle, Sarah Lawrence Colle for summary judgment .No Return date . (pf)
January 25, 2002 Opinion or Order Filing 22 CONSENT TO TRIAL/PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Mark D. Fox. SO ORDERED: ( signed by Judge Colleen McMahon ) (dc)
January 14, 2002 Opinion or Order Filing 21 ORDER, substituting attorney terminated attorney Steven H. Beldock for Kirsten Shane-Rustvold Added Mariangela Chiaravalloti . It is ORDERED that the law firm of Birbower, Montalbano, Condon and Frank, P.C. be and hereby is permitted to withdraw as counsel of record for the plaintiff in this matter, and it is further, ORDERED that the law firm of Friedman & Friedman be and hereby is permitted to become counsel of record for the plaintiff Kirsten Shane-Rustvokd in this matter. SO ORDERED: ( signed by Magistrate Judge Mark D. Fox ); Copies mailed. (dc)
January 14, 2002 Filing 20 AFFIDAVIT of Steven H. Beldock by Kirsten Shane-Rustvold in support of an Order permitting the Law firm of Friedman & Friedman to assume the representation of the plaintiff in this matter. (dc)
January 11, 2002 Opinion or Order Filing 19 Memo-Endorsement on letter addressed to Judge McMahon from Leslie F. Ruff, dated 01/10/02. Re: Request for a telephone conference with the Court for the purpose of setting forth a briefing schedule for third-party deft's and (deft's) Motion for Summary Judgment. ENDORSED: (1) You must make the Motion by the date your pre-trial Order is due. You may make the Motion any time prior to that date. (2) My local rules set the schedule for responsive and reply papers. (3) The pendency of dispositive Motions does NOT excuse you from filing your pre-trial Order, In Limine Motions, etc. (4) I will not grant any extensions of time or waive my rules. ( signed by Judge Colleen McMahon ); Copies mailed. (dc)
December 26, 2001 Filing 18 Memo-Endorsement on letter addressed to Judge McMahon from Mariangela Chiaravalloti, dated December 19, 2001. Re:respectfully request a brief extension. Endorsed: This is ok ( signed by Judge Colleen McMahon ); Copies mailed. (sv)
November 20, 2001 Filing 17 Letter filed by Kirsten Shane-Rustvold addressed to Judge McMahon from Steven H. Beldock, dated 11/16/01, re: request for extension. (bls)
November 20, 2001 Opinion or Order ORDER Memo Endorsed letter Doc. #17, "So Ordered" ( signed by Judge Colleen McMahon ); Copies mailed. (bls)
November 13, 2001 Opinion or Order Filing 16 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or Other Motion which does not require a report and recommendation. Any and all discovery Disputes. Settlement conference. Referred to Magistrate Judge Lisa M. Smith . ( signed by Judge Colleen McMahon ) (sv)
July 30, 2001 Opinion or Order Filing 15 Memo-Endorsement on letter addressed to USDJ McMahon from Leslie Ruff, dated 7/25/01. Re: request that discovery cut-off deadline be extended to 10/31/01...ENDORSEMENT: Granted-No further adjournments. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf)
July 26, 2001 Opinion or Order Filing 14 Case Management Plan in a Standard or Complex Case: This case is to be tried to a jury; Discovery pursuant to Fed. R. of Civ. P. 26(a) shall be exchanged by 08/20/01; No additional parties may be joined after 08/10/01; No pleading may be amended after 08/10/01; All discovery, including expert discovery, must be completed onor before 11/30/01; Plaintiff's deposition shall be taken first, and shall be completed by 09/28/01; A joint pretrial order in the form prescribed in Judge McMahon's Individual rules , shall be submitted on or before 01/04/02; This case has been designated to the Hon. Lisa M. Smith, USMJ. SO ORDERED: ( signed by Judge Colleen McMahon ); Copies mailed. (dc)
July 26, 2001 Opinion or Order Filing 13 Memo-Endorsement on letter addressed to Judge McMahon from Leslie F. Ruff, dated 07/23/01. Re: Extension of time for Colin Service Systems, Inc.'s time to answer the third party complaint to 08/10/01, to afford us an opportunity to obtain information from our client necessary to answer the thrid party complaint. ENDORSED: Counsel: I have adjourned this case repeatedly. You will comply with attached scheduling Order - NO EXTENSIONS GRANTED! CM ( signed by Judge Colleen McMahon ); Copies mailed. (dc)
June 21, 2001 Filing 12 RETURN OF SERVICE of Third party Summons & Complaint executed as to Sarah Lawrence Colle, Sarah Lawrence Colle by depositing a true copy thereof in an official Federal Express overnight wrapper, marked for overnight delivery, and leaving with a representative of Federal Express, prior to the latest time designated by that service for overnight delivery addressed to the attorneys for plaintiff at the last known address set forth below: Steven H. Beldock, Esq., Birbrower, Montalbano, Condon & Frank, P.C., 67 North Main Street, P.O. Box 1070, New City, NY 10956, by Ursula Cunnane on 6/14/01. Answer due on 7/5/01 for Sarah Lawrence Colle. (dc) Modified on 06/26/2001
June 13, 2001 Filing 10 THIRD PARTY COMPLAINT by Sarah Lawrence Colle against Colin Service System ; Third-party summons issued. (dc)
June 12, 2001 Filing 11 Memo-Endorsement on letter addressed to Judge McMahon from Christopher G. Gegwich, dated 06/08/01. Re: Application for the Court's permission to commence a third party action for contribution and indemnification against Colin Service Systems, Inc., an outside contractor engaged by Sarah lawrence to provide cleaning services on its premises. ENDORSED: Leave Granted. ( signed by Judge Colleen McMahon ); Copies mailed. (dc)
May 25, 2001 Opinion or Order Filing 9 Memo-Endorsement on letter addressed to USDJ McMahon from Steven H. Beldock, dated 5/24/01. Re: to request a 90-day extension of the discovery deadline in th ematter from 5/31/01 to August 31, 2001...ENDORSEMENT: Granted. So Ordered: ( signed by Judge Colleen McMahon ); Copies mailed. (pf)
January 26, 2001 Opinion or Order Filing 8 CONSENT SCHEDULING ORDER: (...it is hereby ordered as follows: Rule 26(a) discovery must be exchanged on or before Feb. 5, 2001. No additional parties joined after March 5, 2001. No amendments to pleadings after April 5, 2001. Discovery shall be completed on or before May 31, 2001. (In personal injury, civil rights, employment discrimination or medical malpractice cases: plaintiff's deposition shall proceed first and must be completed by March 23, 2001.) Joint Pretrial Order filed on or before June 27, 2001 together with inlimine motions and memos of law. Respponses to in limine motions filed by July 11, 2001. So Ordered, 1/26/01.)( signed by Judge Colleen McMahon ); Copies mailed. (kz)
December 27, 2000 Opinion or Order Filing 7 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE ... Conference set for 02/16/01 at 11:00. So Ordered . ( signed by Judge Colleen McMahon ); Copies mailed. (fk)
December 19, 2000 Filing 6 ANSWER to Complaint by Sarah Lawrence Colle (Attorney Daniel A. Rizzi from the Firm: Nixon Peabody LLP) . (ll)
December 19, 2000 Filing 5 RULE 1.9 CERTIFICATE filed by Sarah Lawrence Colle . (pf)
December 18, 2000 Filing 4 RETURN OF SERVICE executed as to Sarah Lawrence Colle by Ronald J. Marsico on 11/7/00 . Answer due on 11/27/00 for Sarah Lawrence Colle by serving Pricella Hawkins, Secretary of the College authorized to accept service at 1 Mead Way Westlands Admin Bldg 8 Bronxville NY. . (dh)
November 27, 2000 Opinion or Order Filing 3 STIPULATION EXTENDING DFT'S TIME TO ANSWER OR MOVE: It is hereby Stipulated and Agreed by and between the undersigned counsel for the parties that the time for dft Sarah Lawrence College to appear and to answer or move to dismiss the Summons and Complaint in this action, is hereby extended to and including 12/18/00. It is further Stipulated and Agreed that dft hereby waives any defects in the manner of the service of Summons and Compalint. So Ordered: ( signed by Judge Colleen McMahon ) (pf)
October 6, 2000 Filing 2 RULE 1.9 CERTIFICATE filed by Kirsten Shane-Rustvold . (pmo)
October 6, 2000 Filing 1 COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 382590. (pmo)
October 6, 2000 Magistrate Judge Smith is so Designated. (pmo)

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Plaintiff: Kirsten Shane-Rustvold
Represented By: Mariangela Chiaravalloti
Represented By: Steven H Beldock
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Defendant: Sarah Lawrence College
Represented By: Daniel A Rizzi
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3rd party defendant: Colin Service Systems, Inc.
Represented By: Leslie Franklin Ruff
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