Ziegler v. Workers Compensation Board Of New York State
Plaintiff: Raphael Ziegler
Defendant: Workers Compensation Board Of New York State
Case Number: 7:2018cv08176
Filed: September 7, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1331 vc
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2018 Opinion or Order Filing 22 ORDER: At the Conference on October 24, 2018, the Court adopted the following schedule: Defendant shall submit its Motion To Dismiss and Opposition to Plaintiff's Order to Show Cause by no later than November 21, 2018. Plaintiff's opposition shall be due by no later than December 19, 2018. Defendant shall submit its Reply by no later than January 4, 2019. Sur-reply papers will not be accepted unless prior permission of the court is given. Counsel are reminded that there is a strict page limit, which will be extended only in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the Motion is decided. If oral argument is requested, it may be scheduled by the Court. (Motions due by 11/21/2018. Responses due by 12/19/2018. Replies due by 1/4/2019. Show Cause Response due by 11/21/2018.) (Signed by Judge Kenneth M. Karas on 10/25/2018) (mml)
October 24, 2018 Opinion or Order Filing 21 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Nina M. Sas to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 10/24/2018) (mml)
October 24, 2018 Filing 20 MOTION for Nina M. Sas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15799211. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Workers Compensation Board Of New York State.(Ulmet, Julie)
October 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Nina M. Sas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15799211. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 24, 2018 Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 10/24/2018. David Schlachter appeared on behalf of Plaintiff; Nina Sas appeared on behalf of Defendant. Christina Arends-Dieck served as court reporter. The Court adopted a briefing schedule. Defendant's Motion will be due on November 21, 2018; Plaintiff's Response will be due on December 19, 2018; and Defendant's Reply will be due on January 4, 2019. See Order. (AY)
October 23, 2018 Filing 19 LETTER MOTION for Conference Premotion Conference addressed to Judge Kenneth M. Karas from Julie R. Ulmet dated October 23, 2018. Document filed by Workers Compensation Board Of New York State. Return Date set for 10/24/2018 at 04:00 PM.(Ulmet, Julie)
October 23, 2018 Filing 18 REPLY AFFIDAVIT of David M Schlachter in Support re: #10 SECOND MOTION for Preliminary Injunction and Order to Show Cause on Notice.. Document filed by Raphael Ziegler. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schlachter, David)
October 19, 2018 Opinion or Order Filing 17 ORDER granting in part and denying in part #16 Letter Motion for Extension of Time to File Response/Reply. Counsel for Plaintiff represented that he had served his OSC papers on 10/15/18, by email. Yet, it appears from this letter, that representation may have been inaccurate. In light of this, the Defense's request for an adjournment is partially granted. Defendant should submit its pre-motion letter by 10/23/18. The hearing will be continued to a pre-motion conference, and will go forward as scheduled on 10/24/18. SO ORDERED. (Signed by Judge Kenneth M. Karas on 10/19/2018) (mml)
October 18, 2018 Filing 16 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #15 Order to Show Cause,, addressed to Judge Kenneth M. Karas from Julie R. Ulmet dated October 18, 2018. Document filed by Workers Compensation Board Of New York State.(Ulmet, Julie)
October 17, 2018 Opinion or Order Filing 15 ORDER TO SHOW CAUSE WITH TEMPORARY RESTRAINING ORDER: Defendants shall show cause as to why an Order should not be entered 1. Preliminarily enjoining and restraining the Defendants from collecting wages from Plaintiff. 2. Granting such other relief as the Court deems equitable and just. 3. The Plaintiff must file with the Court its proof of service of the pleadings on the Defendants no later than 10/19/2018. 4. Defendants shall file and serve a written response to this Order to Show Cause and proof of service by 10/23/2018 at 12 noon. Show Cause Hearing set for 10/24/2018 at 04:00 PM before Judge Kenneth M. Karas. Show Cause Response due by 10/23/2018. (Signed by Judge Kenneth M. Karas on 10/17/2018) (mml)
October 17, 2018 Minute Entry for proceedings held before Judge Kenneth M. Karas: Show Cause Hearing held on 10/17/2018. David Schlachter appeared on behalf of Plaintiff. Defendant did not appear. Sue Ghorayeb served as court reporter. Plaintiff's request for a Temporary Restraining Order was Denied. A conference on Plaintiff's Order to Show Cause was scheduled for October 24, 2018 at 4:00 pm. Defendants shall file and serve a response by October 23, 2018 at 12:00 pm. See Order.(AY)
October 3, 2018 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Extension of Time to Answer Workers. Granted. SO ORDERED. Compensation Board Of New York State answer due 10/26/2018. (Signed by Judge Kenneth M. Karas on 10/3/2018) (mml)
October 3, 2018 Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint until October 26, 2018 addressed to Judge Kenneth M. Karas from Julie R. Ulmet dated October 3, 2018. Document filed by Workers Compensation Board Of New York State.(Ulmet, Julie)
October 1, 2018 Opinion or Order Filing 12 MEMO ENDORSEMENT on re: #11 Letter filed by Raphael Ziegler. ENDORSEMENT: Request for TRO was filled inconsistent with local rules requiring orders for emergency relief to be filed in hard copy with the Clerk's Office. The Court has reached out to plaintiff's counsel twice to resolve the error without success. The request is therefore DENIED without prejudice. (Signed by Judge Kenneth M. Karas on 10/1/2018) (kv)
September 27, 2018 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David M. Schlachter to RE-FILE Document #10 SECOND MOTION for Preliminary Injunction and Order to Show Cause on Notice. Use the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (db)
September 26, 2018 Filing 11 FIRST LETTER addressed to Judge Kenneth M. Karas from David M Schlachter dated September 26, 2018 re: Order to Show Cause and Motion for Preliminary Injunction. Document filed by Raphael Ziegler.(Schlachter, David)
September 21, 2018 Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION for Preliminary Injunction and Order to Show Cause on Notice. Document filed by Raphael Ziegler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit by Raphael Ziegler, #4 Affidavit of service)(Schlachter, David) Modified on 9/27/2018 (db).
September 18, 2018 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Workers Compensation Board Of New York State served on 9/17/2018, answer due 10/9/2018. Service was accepted by Virginia Cawthon. Document filed by Raphael Ziegler. (Schlachter, David)
September 13, 2018 Filing 8 ELECTRONIC SUMMONS ISSUED as to Workers Compensation Board Of New York State. (dnh)
September 12, 2018 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Workers Compensation Board of the State of New York, re: #1 Complaint. Document filed by Raphael Ziegler. (Schlachter, David)
September 12, 2018 Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Workers Compensation Board of New York, re: #1 Complaint. Document filed by Raphael Ziegler. (Schlachter, David) Modified on 9/12/2018 (dnh).
September 12, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David M. Schlachter to RE-FILE Document No. #6 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 attorney information was omitted. The caption must directly correspond to the pleading. The defendant name listed in the 'To:' section of the summons must exactly match the party of record. 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. (dnh)
September 12, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David M. Schlachter 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. 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 only. (laq)
September 11, 2018 Filing 5 CIVIL COVER SHEET filed. (Schlachter, David)
September 10, 2018 Opinion or Order Filing 4 ORDER denying #3 Motion for Order to Show Cause. Plaintiff's application for an Order to Show Cause and Temporary Restraining Order is denied for the following reasons. (Order to Show Cause (Dkt. No. 3).) First, Plaintiff seeks relief not supported by the claims in the Complaint or the accompanying Memorandum of Law. (Compare Order to Show Cause 2 ("Pending further hearing on this Order to Show Cause, defendants are temporarily enjoined and restrained from evicting Plaintiffs.") with id. at 8-12 (describing fraud, due process, and property claims); Compl. (Dkt. No. 1) (same).) Second, Plaintiff has failed to file any proof that the Order to Show Cause papers were served on Defendant, and has not otherwise explained why Defendant should not be served. Third, Plaintiff has failed to show that irreparable harm is imminent absent a temporary restraining order. See, e.g., Spencer Trask Software & Info. Servs., LLC v. RPost Int'l Ltd., 190 F. Supp. 2d 577, 581 (S.D.N.Y. 2002) ("The Second Circuit has deemed the threshold showing of 'irreparable harm' to be of particular significance under Rule 65, regardless of the strength of the movant's case on the merits," and "[a]ccordingly, '[i]rreparable harm must be shown by the moving party to be imminent, not remote or speculative" (quoting Reuters Ltd. v. United Press Intern, Inc., 903 F.2d 904, 907 (2d Cir. 1990) (citations omitted)). Plaintiff was informed of the 2009 state court judgment on July 11, 2017. (Compl. paragraph 24-25.) Plaintiff filed an Application for Board Review with the Workers' Compensation Board on March 20, 2018. (Order to Show Cause Ex. 2.) At best, the garnishment of Plaintiff's wages began in July 2018. (Id. Ex. 1 (showing pay period of July 12 through 25, 2018).) However, Plaintiff did not file the Complaint and instant Application for temporary relief until September 7, 2018, demonstrating that any irreparable harm is not imminent. (Compl.; Order to Show Cause.) The Clerk of Court is directed to terminate the pending Motion. (Dkt. No. 3.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/10/2018) (mml)
September 10, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (laq)
September 10, 2018 Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (laq)
September 10, 2018 Case Designated ECF. (laq)
September 10, 2018 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David M. Schlachter. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (laq)
September 10, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David M. Schlachter to RE-FILE Document No. #3 MOTION for Order to Show Cause with temporary restraints.. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading - THIS DOCUMENT IS A PROPOSED ORDER TO SHOW CAUSE NOT A MOTION FOR AN ORDER TO SHOW CAUSE. PURSUANT TO AMENDED STANDING ORDER 15MC131 - A NEW FILING THAT INCLUDES AN ORDER TO SHOW CAUSE AND TRO SHOULD HAVE BEEN COMMENCED IN PERSON. PLEASE SEEK GUIDANCE FROM THE CLERK'S OFFICE AND/OR THE ASSIGNED DISTRICT JUDGE ON HOW TO PROCEED. (laq)
September 7, 2018 Filing 3 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause with temporary restraints. Document filed by Raphael Ziegler. Return Date set for 9/12/2018 at 10:00 AM. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schlachter, David) Modified on 9/18/2018 (ldi).
September 7, 2018 Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Workers Compensation Board of New York, re: #1 Complaint. Document filed by Raphael Ziegler. (Attachments: #1 Civil Cover Sheet)(Schlachter, David) Modified on 9/12/2018 (laq).
September 7, 2018 Filing 1 COMPLAINT against Workers Compensation Board Of New York State. (Filing Fee $ 400.00, Receipt Number 0208-15542067)Document filed by Raphael Ziegler.(Schlachter, David)

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Defendant: Workers Compensation Board Of New York State
Represented By: Julie Rivchin Ulmet
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Plaintiff: Raphael Ziegler
Represented By: David M. Schlachter
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