Kall v. Peekskill City School District
| 7:2018cv10199 |
| July 31, 2019 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Qui Tam (31 U.S.C. § 3729(a)) |
| 31 U.S.C. ยง 3730 Qui Tam False Claims Act |
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Filing
65
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the Court as hereinafter set forth. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 12/9/2020) (ks)
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Filing
61
STIPULATION AND CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/2/20) (yv)
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Filing
52
OPINION & ORDER re: 49 MOTION to Dismiss Amended Complaint. filed by Eric Kaplan, 43 FIRST MOTION to Dismiss . filed by Robin Zimmerman, Andrew Weisman, Peekskill City School District, 40 FIRST MOTION to Dismiss Amended Complaint. filed by Rick Emery, Whitsons Food Corp. For the foregoing reasons, the motions to dismiss are GRANTED in part and DENIED in part, as follows: Plaintiff's First Amendment retaliation claims are dismissed with preju dice; Plaintiff's FCA claim against Whitsons related to Plaintiff's transfer is dismissed with prejudice; Plaintiff's slander claim against Weisman is dismissed without prejudice; Plaintiff's libel per se claim against Zimmerm an is dismissed with prejudice; Plaintiff's tortious interference claims against Peekskill, Zimmerman, Weisman, and Emery are dismissed with prejudice; and Plaintiff's intentional infliction of emotional distress claims against Weisman and Zimmerman are dismissed with prejudice. Plaintiff's other FCA claims against the District and Whitsons; libel claims against Zimmerman; and libel claims against Emery and Kaplan remain. Plaintiff's claims against Encarnacion and Hol liman, which have not been contested by the Moving Defendants' motions, also remain. Plaintiff may file a Second Amended Complaint within 30 days of the date of this Opinion, on or before June 19, 2020, should she choose to reassert the claim that was dismissed without prejudice. Because Plaintiff's Second Amended Complaint will completely replace, not supplement, the original complaint, any facts or claims that Plaintiff wishes to remainaside from those claims dismissed with pre judice per this Order- must be included in the Second Amended Complaint. If Plaintiff elects to file a Second Amended Complaint, Defendants shall have thirty days from the date of Plaintiff's filing to respond. Accordingly, the Clerk of the C ourt is respectfully directed to terminate the Moving Defendants' motions to dismiss at ECF Nos. 40, 43, and 49. If Plaintiff does not file an Amended Complaint by June 19, 2020, the parties are directed to complete the attached Case Management Plan and submit it to the Court by July 20, 2020., Amended Pleadings due by 6/19/2020. (Signed by Judge Nelson Stephen Roman on 5/19/2020) (rj)
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Filing
48
ORDER denying without prejudice 30 Letter Motion for Conference. Defendant Kaplan's letter request for a pre-motion conference is denied without prejudice. The Court waives the requirement for a pre-motion conference regarding Defendant Kapla n's anticipated Motion to Dismiss and instead sets the following briefing schedule: Defendant's Motion to Dismiss is due on: August 30, 2019 Plaintiff's Opposition is due on: September 27, 2019. Defendant's Reply Memorandum is due on: October 11, 2019 The parties must serve the Court with two courtesy copies of each filing, as it is served on the opposing party, and all filings are to be filed electronically on 10/11/19, pursuant to the Court's Bundling Rule. The Clerk of the Court is respectfully directed to terminate ECF No. 30. (Signed by Judge Nelson Stephen Roman on 7/31/2019) (rj)
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