Best v. The Beam Team, Inc. et al
| Tonya Best |
| Brian Abraham, The Beam Team, Inc., Carmen Stewart, MPA, SPR and John Johnson |
| 7:2019cv08056 |
| August 28, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 sh |
| Both |
Docket Report
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This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.
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Filing 31
ORDER granting #30 LETTER MOTION for Extension of Time until on or about 12/05/20 to make any motion to restore action to the trial calendar. Granted. SO ORDERED. Motions due by 12/5/2020. (Signed by Judge Kenneth M. Karas on 11/6/2020) (jca)
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| Filing 30 LETTER MOTION for Extension of Time until on or about 12/05/20 to make any motion to restore action to the trial calendar addressed to Judge Kenneth M. Karas from Jimmy M. Santos, Esq. dated November 6, 2020. Document filed by Tonya Best..(Santos, Jimmy) |
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Filing 29
ORDER granting #28 SECOND LETTER MOTION for Extension of Time to File Application to Restore Case to Trial Calendar. Granted. SO ORDERED. Motions due by 11/5/2020. (Signed by Judge Kenneth M. Karas on 10/2/2020) (jca)
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| Filing 28 SECOND LETTER MOTION for Extension of Time to File Application to Restore Case to Trial Calendar addressed to Judge Kenneth M. Karas from Jimmy M. Santos, Esq. dated October 2, 2020. Document filed by Tonya Best..(Santos, Jimmy) |
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Filing 27
ORDER granting #26 FIRST LETTER MOTION for Extension of Time of Thirty Days to Make Application to Restore. Granted. SO ORDERED. Motions due by 10/5/2020. (Signed by Judge Kenneth M. Karas on 9/3/2020) (jca)
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| Filing 26 FIRST LETTER MOTION for Extension of Time of Thirty Days to Make Application to Restore addressed to Judge Kenneth M. Karas from Jimmy M. Santos, Esq. dated September 2, 2020. Document filed by Tonya Best..(Santos, Jimmy) |
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Filing 25
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/5/2020) (jca)
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| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 7/7/2020. Mediation Status due by 8/10/2020. (ah) |
| MEDIATION CONFERENCE RE-SCHEDULED Re-scheduled Mediation Conference scheduled for 7/7/2020 at 10:00 AM by video conference..(rpr) |
| Minute Entry Mediation Conference held on 5/8/2020. Mediation Status due by 6/8/2020. (rpr) |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 5/8/2020 at 09:30 AM by videoconference..(rpr) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/11/2020..(rpr) |
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Filing 23
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 4/9/2020. (Signed by Judge Loretta A. Preska on 10/1/2015) (rpr)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michelle Marie Arbitrio to RE-FILE Document #21 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| Filing 22 ANSWER to Complaint with JURY DEMAND. Document filed by Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc...(Arbitrio, Michelle) |
| Filing 21 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by The Beam Team, Inc...(Arbitrio, Michelle) Modified on 3/30/2020 (ldi). |
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. All fact discovery is to be completed no later than 6/30/2020. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: 9/18/20. Parties have conferred and their present best estimate of the length of trial is 3-4 days. The next Case Management Conference is scheduled for 10/8/20 at 11:00. (As further set forth in this Order.) Deposition due by 9/18/2020. Fact Discovery due by 6/30/2020. Case Management Conference set for 10/8/2020 at 11:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 3/4/2020) (cf)
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| Filing 19 PROPOSED CASE MANAGEMENT PLAN. Document filed by Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc...(Murphy, Jacqueline) |
| Filing 18 LETTER addressed to Judge Kenneth M. Karas from Jacqueline Murphy dated 2/26/2020 re: Status Update. Document filed by Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc...(Murphy, Jacqueline) |
| Filing 17 NOTICE OF APPEARANCE by Michelle Marie Arbitrio on behalf of Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), The Beam Team, Inc...(Arbitrio, Michelle) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 2/5/2020. Jimmy Santos appeared on behalf of Plaintiff. Jacqueline Murphy appeared on behalf of Defendants. No court reporter served. Pursuant to the Court's individual rules, if Defendants intend to file a Motion To Dismiss, they shall send a letter to Plaintiff, copying the Court and filing the letter on the docket, by no later than February 12, 2020 setting forth each argument and relevant case law. Plaintiff shall respond, either indicating that she will amend the Complaint or opposing Defendants' arguments, by no later than February 19, 2020. If Defendants do not intend to file a Motion To Dismiss, the Parties will update the Court within a week regarding Defendants' Answer and a discovery schedule. (BKJ) |
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Filing 16
ORDER granting #15 LETTER MOTION to Substitute Attorney. Old Attorney: Michelle Arbitrio, New Attorney: Jacqueline Murphy. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/5/2020) (jca)
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| Filing 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Substitute Attorney. Old Attorney: Michelle Arbitrio, New Attorney: Jacqueline Murphy addressed to Judge Kenneth M. Karas from Jacqueline Murphy dated February 5, 2020. Document filed by Brian Abraham(and in his Individual Capacity ), John Johnson(and in his Individual Capacity ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), The Beam Team, Inc...(Murphy, Jacqueline) Modified on 2/25/2020 (ldi). |
| Filing 14 NOTICE OF APPEARANCE by Jacqueline Murphy on behalf of Brian Abraham(and in his Individual Capacity ), John Johnson(and in his Individual Capacity ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), The Beam Team, Inc...(Murphy, Jacqueline) |
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Filing 13
MEMO ENDORSEMENT on re: #12 Response in Opposition to Motion, filed by Tonya Best. ENDORSEMENT: The Court will hold a pre-motion conference on 2/5/20, at 3:00. SO ORDERED. (Pre-Motion Conference set for 2/5/2020 at 03:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 1/13/2020) (jca)
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| Filing 12 LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Jimmy M. Santos, Esq. dated January 9, 2020 re: #10 SECOND LETTER MOTION for Conference re: #8 FIRST LETTER MOTION for Conference Request for Pre-Motion Conference addressed to Judge Kenneth M. Karas from Michelle Arbitrio, Esq. dated 1/2/2020. Revised Pre-Motion Letter addressed . Document filed by Tonya Best. (Attachments: #1 Exhibit 1 - 3)(Santos, Jimmy) |
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Filing 11
ORDER denying #8 FIRST LETTER MOTION for Conference Request for Pre-Motion Conference. Denied. No reasons are given for why the complaint is deficient. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/6/2020) (jca)
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| Filing 10 SECOND LETTER MOTION for Conference re: #8 FIRST LETTER MOTION for Conference Request for Pre-Motion Conference addressed to Judge Kenneth M. Karas from Michelle Arbitrio, Esq. dated 1/2/2020. Revised Pre-Motion Letter addressed to Judge Kenneth M. Karas from Michelle Arbitrio, Esq. dated 1/6/2020. Document filed by Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc..(Arbitrio, Michelle) |
| Filing 9 LETTER RESPONSE to Motion addressed to Judge Kenneth M. Karas from Jimmy M. Santos, Esq. dated January 2, 2020 re: #8 FIRST LETTER MOTION for Conference Request for Pre-Motion Conference addressed to Judge Kenneth M. Karas from Michelle Arbitrio, Esq. dated 1/2/2020. in Reply to Defense Counsel's Pre-Motion Letter. Document filed by Tonya Best. (Santos, Jimmy) |
| Filing 8 FIRST LETTER MOTION for Conference Request for Pre-Motion Conference addressed to Judge Kenneth M. Karas from Michelle Arbitrio, Esq. dated 1/2/2020. Document filed by Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc..(Arbitrio, Michelle) |
| Filing 7 NOTICE OF APPEARANCE by Michelle Marie Arbitrio on behalf of Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc.. (Arbitrio, Michelle) |
| Filing 6 NOTICE OF APPEARANCE by Michelle Marie Arbitrio on behalf of Brian Abraham(and in his Individual Capacity ), Brian Abraham(In His Coporate Capacity as Regional Director of The Beam Team ), John Johnson(and in his Individual Capacity ), John Johnson(In His Corporate Capacity as Field Operations Manager of The Beam Team ), Carmen Stewart, MPA, SPR(and in her Individual Capacity ), Carmen Stewart, MPA, SPR(In her Corporate Capacity as Human Resources Director of The Beam Team ), The Beam Team, Inc.. (Arbitrio, Michelle) |
| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Beam Team, Inc. served on 11/26/2019, answer due 12/17/2019. Service was accepted by Nancy Dougherty of Corporation Division of NY Department of State. Document filed by Tonya Best. (Santos, Jimmy) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to The Beam Team, Inc.. (dnh) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to THE BEAM TEAM, INC., re: #1 Complaint,. Document filed by Tonya Best. (Santos, Jimmy) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jimmy Miguel Santos. The party information for the following party/parties has been modified: Brian Abraham, John Johnson, Carmen Stewart, MPA, SPR. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jimmy Miguel Santos to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s) not all the party/parties whom the pleading is against were 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jimmy Miguel Santos. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1331sh Fed. Question: Sexual Harassment; Arbitration code e (Exempt). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:2000e-2sh Job Discrimination (Sexual Harassment); the Arbitration code has been deleted. (vf) |
| Magistrate Judge Judith C. McCarthy 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. (vf) |
| Case Designated ECF. (vf) |
| 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. (vf) |
| Filing 2 CIVIL COVER SHEET filed. (Santos, Jimmy) |
| Filing 1 COMPLAINT against Brian Abraham, John Johnson, Carmen Stewart, MPA, SPR, The Beam Team, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17508960)Document filed by Tonya Best.(Santos, Jimmy) |
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