Kalola v. International Business Machines Corporation ("IBM") et al
| Purushottam C. Kalola |
| International Business Machines Corporation, Mina Wood, Dana Weisbrod, Kevin G Lauri, Virginia Rometty, Jackson Lewis P.C., Michelle H Browdy, International Business Machines Corporation ("IBM") and Dana Glick Weisbrod |
| 7:2019cv09900 |
| October 25, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| P.I.: Other |
| 28 U.S.C. § 1331 pi |
| None |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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Filing 22
CLERK'S JUDGMENT re: #21 Memorandum & Opinion. in favor of International Business Machines Corporation ("IBM"), Jackson Lewis P.C., Dana Glick Weisbrod, Kevin G Lauri, Michelle H Browdy, Mina Wood, Virginia Rometty against Purushottam C. Kalola. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 16, 2019, the motion to motion to dismiss is granted; Plaintiff and Defendants shall bear their own costs in connection with this case; accordingly, the case is closed. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal, (Signed by Clerk of Court Ruby Krajick on 12/18/2019) (Attachments: #1 Notice of Rightto Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #22 Clerk's Judgment, with Notice of Right to Appeal, to Purushottam C. Kalola 3310 Clark Street New Windsor, NY 12553. (aea)
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Mailed a copy of #20 Memo Endorsement to Purushottam C. Kalola 3310 Clark Street New Windsor, NY 12553. (nb)
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Filing 21
OPINION AND ORDER re: #10 MOTION to Dismiss Plaintiff's Verified Complaint filed by Jackson Lewis P.C., Dana Glick Weisbrod, Virginia Rometty, Mina Wood, International Business Machines Corporation ("IBM"), Kevin G Lauri, Michelle H Browdy. The motion to dismiss is GRANTED. Plaintiff and defendants shall bear their own costs in connection with this case. The Clerk is instructed to terminate the motion (Doc. #10) and close this case. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/16/2019) Copies Mailed By Chambers. (mml)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Purushottam C. Kalola. ENDORSEMENT: In the attached letter dated December 4, 2019, plaintiff, who is proceeding pro se, seeks permission to use electronic case filing. (Doc. #19). Plaintiff also requests reconsideration of the Court's November 21, 2019, Order rejecting plaintiffs USB flash drive submission. (Id.). On November 15, 2019, the Court denied without prejudice plaintiffs first motion for permission to use electronic case filing because plaintiff did not indicate completion of the Court's CM/ECF introduction course. (Doc. # 16). In the instant letter, plaintiff indicates he completed the introduction course on December 3, 2019. (Doc. #19 at 4). Accordingly, plaintiff's request for permission to use electronic case filing is GRANTED. However, plaintiff's request for reconsideration of the Court's November 21 Order (Doc. #17) is DENIED as patently meritless. To the extent plaintiff requests any further relief, such request is DENIED. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk further is instructed to mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/16/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Transmission to Orders and Judgments Clerk. Transmitted re: #21 Opinion and Order to the Orders and Judgments Clerk. (mml)
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Filing 19
LETTER addressed to Judge Vincent L. Briccetti from Puturshottam C. Kalola dated 12/4/19 re: Motion for permission for electronic case filing, motion to reconsider court order doc #17. Document filed by Purushottam C. Kalola.(sbr)
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Filing 18
NOTICE OF CHANGE OF ADDRESS by Purushottam C. Kalola. New Address: 3310 Clark Street, New Windsor, NY, 12553, 845-401-2050. (sbr)
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Filing 17
ORDER: On November 20, 2019, the Court received a package from plaintiff, who is proceeding pro se, enclosing a letter dated November 18, 2019, and a 16GB SanDisk USB flash drive. The package appears to have been sent in response to defendants' pending motion to dismiss. (Doc. #10). It is not clear whether plaintiff provided a copy of these materials to counsel for defendants. The Court has rejected this submission and instructed the Pro Se Intake Unit to return the package to plaintiff. Plaintiff has already opposed the motion to dismiss. (See Doc. #14) (containing plaintiff's November 8, 2019, opposition). The Court will consider plaintiff's November 8 opposition when it decides the motion in due course. To be clear, the Court will not accept from plaintiff any further submissions respecting the pending motion to dismiss. The Clerk is instructed to mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/21/2019) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #17 Order, to Purushottam C. Kalola 11 Geoffrey Drive Parsippany, NJ 07054. (vba)
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Mailed a copy of #16 Order on Motion for Permission for Electronic Case Filing, to Purushottam C. Kalola 11 Geoffrey Drive Parsippany, NJ 07054. (aea)
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Filing 16
ORDER: denying without prejudice #15 Motion for Permission for Electronic Case Filing. Accordingly, plaintiff's motion is DENIED WITHOUT PREJUDICE. If plaintiff further seeks permission to use the Court's electronic case filing system, he must complete the CM/ECF introduction course and re-submit his application indicating when he completed the course for use of the system in this specific case. The introduction course can be found on the Court's website at https://nysd.uscourts.gov/programs/ecf-training. The Clerk is instructed to (i) terminate the motion (Doc. # 15) and (ii) mail a copy of this Order to plaintiff at the address on the docket. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/15/2019) (ama) Transmission to Docket Assistant Clerk for processing.
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Filing 15
MOTION for Permission for Purushottam C. Kalola to participate in electronic case filing in this case. Document filed by Purushottam C. Kalola.(sbr)
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Filing 14
PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDNAT'S FED. R. CIV. 12(B) (6) MOTION MUST BE DISMISSED AND GRANT ALL PLAINTIFF'S CLAIMS/DEMANDS. Document filed by Purushottam C. Kalola. (sbr)
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Filing 13
AFFIRMATION of Mary A. Smith in Support re: #10 MOTION to Dismiss Plaintiff's Verified Complaint.. Document filed by Michelle H Browdy, International Business Machines Corporation ("IBM"), Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Glick Weisbrod, Mina Wood. (Attachments: #1 Exhibit A-Copy of Plaintiffs Complaint filed against IBM on October 15, 2013 in the Southern District of New York, #2 Exhibit B-Copy of Plaintiffs Second Amended Complaint filed against IBM on February 4, 2014, #3 Exhibit C-Copy of Magistrate Judge Lisa Margaret Smiths February 28, 2017 Report and Recommendation, #4 Exhibit D-Copy of Judge Vincent L. Briccettis August 3, 2017 Memorandum Opinion and Order adopting Magistrate Smiths Report and Recommendation granting Defendant IBMs Motion For Summary Judgment, #5 Exhibit E-Copy of the United States Court of Appeals for the Second Circuits Order dismissing Plaintiffs appeal dated February 16, 2018, #6 Exhibit F-Copy of Plaintiffs Verified Complaint filed in the Supreme Court of the State of New York, Westchester County, on June 24, 2019, #7 Exhibit G-Copy of Defendants Notice of Removal of Plaintiffs Verified Complaint to the United States District Court for the Southern District of New York, #8 Exhibit H-Copies of all unreported decisions cited in Defendants Motion To Dismiss Plaintiffs Verified Complaint)(Smith, Mary)
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Filing 12
MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Plaintiff's Verified Complaint. . Document filed by Michelle H Browdy, International Business Machines Corporation ("IBM"), Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Glick Weisbrod, Mina Wood. (Smith, Mary)
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Filing 11
NOTICE of to Pro Se Plaintiff Pursuant to Local Rule 12.1. Document filed by Michelle H Browdy, International Business Machines Corporation ("IBM"), Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Glick Weisbrod, Mina Wood. (Smith, Mary)
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Filing 10
MOTION to Dismiss Plaintiff's Verified Complaint. Document filed by Michelle H Browdy, International Business Machines Corporation ("IBM"), Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Glick Weisbrod, Mina Wood.(Smith, Mary)
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Filing 9
CIVIL COVER SHEET filed. (Smith, Mary)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Augusta Smith. The party information for the following party/parties has been modified: International Business Machines Corporation ("IBM"); Dana Glick Weisbrod. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Mary Augusta Smith to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): previously filed case information is on the wrong section of the PDF; Jury Demand code - no selection;. 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 June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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Magistrate Judge Paul E. Davison 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 8
NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 59534/2019..Document filed by Kevin G Lauri, Virginia Rometty, Dana Weisbrod, International Business Machines Corporation, Mina Wood, Michelle H Browdy, Jackson Lewis P.C.. (Attachments: #1 Exhibit A-Summons and Verified Complaint in the State Action, #2 Exhibit B-Notice of Filing of Notice of Removal)(Smith, Mary)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Mary Augusta Smith to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct. The PDF case caption must list all of the parties and may not include 'et al'. Re-file the pleading using the event type Notice of Removal 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/4/2019. (jgo)
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Filing 7
NOTICE OF APPEARANCE by Joseph James DiPalma on behalf of Michelle H Browdy, International Business Machines Corporation, Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Weisbrod, Mina Wood. (DiPalma, Joseph)
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Filing 6
NOTICE OF APPEARANCE by Mary Augusta Smith on behalf of Michelle H Browdy, International Business Machines Corporation, Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Weisbrod, Mina Wood. (Smith, Mary)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation.(Smith, Mary)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jackson Lewis P.C..(Smith, Mary)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-7339. Document filed by Michelle H Browdy, International Business Machines Corporation, Jackson Lewis P.C., Kevin G Lauri, Virginia Rometty, Dana Weisbrod, Mina Wood.(Smith, Mary)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Smith, Mary) Modified on 10/29/2019 (jgo).
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Filing 1
FILING ERROR - PDF ERROR - NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 59534/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17835711).Document filed by Kevin G Lauri, Virginia Rometty, Dana Weisbrod, International Business Machines Corporation, Mina Wood, Michelle H Browdy, Jackson Lewis P.C.. (Attachments: #1 Exhibit A-State Court Summons & Verified Complaint, #2 Exhibit B-Notice of Filing of Notice of Removal)(Smith, Mary) Modified on 10/28/2019 (jgo).
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