Saraceni v. M&T Bank Corporation
Plaintiff: Christine Saraceni
Defendant: M&T Bank Corporation
Case Number: 1:2019cv01152
Filed: August 27, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Lawrence J Vilardo
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2019 Filing 47 TEXT ORDER. The time for the Oral Argument set for 10/28/2019 has been changed to 2:00 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/24/2019. (CMD)
October 22, 2019 Filing 46 REPLY/RESPONSE to re #34 Cross MOTION for Preliminary Injunction filed by M&T Bank Corporation. (Attachments: #1 Declaration Jane M. Harrington)(Galvin, Jodyann)
October 21, 2019 Filing 45 CONTINUATION OF EXHIBITS by Christine Saraceni. to #39 Reply/Response, REFILING LEGIBLE EX A to Saraceni Declaration previously filed at DKT #39-4 filed by Christine Saraceni. (Brady, Daniel)
October 18, 2019 Filing 44 CLERKS CERTIFICATE regarding #43 Index filed and electronically sent to Court of Appeals. (KLH)
October 18, 2019 Filing 43 DESIGNATION of Record on Appeal by Christine Saraceni re #30 Notice of Appeal CLERK TO FOLLOW UP (Brady, Daniel)
October 17, 2019 Filing 42 CERTIFICATE OF SERVICE by Christine Saraceni re #40 Response in Opposition to Motion, (Brady, Daniel)
October 17, 2019 Filing 41 CERTIFICATE OF SERVICE by Christine Saraceni re #39 Reply/Response, (Brady, Daniel)
October 16, 2019 Filing 40 RESPONSE in Opposition re #16 MOTION Expedited Treatment of M&T Bank Corporation's Request to File Exhibit Under Seal , #32 MOTION to Seal and Supplement Docket 16 filed by Christine Saraceni. (Attachments: #1 Client Declaration, #2 A, Rochester Business Journal)(Brady, Daniel)
October 16, 2019 Filing 39 REPLY/RESPONSE to re #14 MOTION for Preliminary Injunction , #34 Cross MOTION for Preliminary Injunction filed by Christine Saraceni. (Attachments: #1 Declaration Attorney Declaration, #2 Exhibit A, Severance Pay Plan, #3 Declaration Client Declaration, #4 **This attachment re-filed at #45 with improved image** Exhibit A, Rochester Business Journal)(Brady, Daniel) Modified on 10/22/2019 (KLH).
October 16, 2019 Filing 38 ANSWER to #28 Amended Complaint , COUNTERCLAIM against Christine Saraceni by M&T Bank Corporation.(Galvin, Jodyann)
October 10, 2019 Filing 37 CERTIFICATE OF SERVICE by Christine Saraceni re #36 Declaration (Brady, Daniel)
October 9, 2019 Filing 36 DECLARATION re #35 MOTION Shorten Time re #34 Cross MOTION for Preliminary Injunction filed by Christine Saraceni filed by Christine Saraceni. (Brady, Daniel)
October 9, 2019 Filing 35 MOTION Shorten Time re #34 Cross MOTION for Preliminary Injunction by M&T Bank Corporation. (Attachments: #1 Declaration Jodyann Galvin)(Galvin, Jodyann)
October 9, 2019 Filing 34 Cross MOTION for Preliminary Injunction by M&T Bank Corporation. (Attachments: #1 Memorandum in Support, #2 Declaration Jane Harrington, #3 Declaration Meghan Frank, #4 Declaration Tyler Verrall)(Galvin, Jodyann)
October 9, 2019 Filing 33 MOTION Shorten Time re #32 MOTION to Seal and Supplement Docket 16 by M&T Bank Corporation. (Attachments: #1 Declaration Jodyann Galvin)(Galvin, Jodyann)
October 9, 2019 Filing 32 MOTION to Seal and Supplement Docket 16 by M&T Bank Corporation. (Attachments: #1 Memorandum in Support, #2 Declaration Jane Harrington, #3 Declaration Meghan Frank, #4 Declaration Tyler Verrall)(Galvin, Jodyann)
October 7, 2019 Set/Reset Hearings: Oral Argument re: plaintiff's motion for preliminary injunction and defendant's motion to seal set for 10/28/2019 at 10:30 AM before Hon. Lawrence J. Vilardo. (CMD)
October 4, 2019 Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (SG)
October 4, 2019 E-Filing Notification: #30 NOTICE OF INTERLOCUTORY APPEAL Modified on 10/4/2019 to show as "interlocutory" (SG). (SG)
October 3, 2019 Filing 31 CERTIFICATE OF SERVICE by Christine Saraceni re #30 Notice of Appeal (Brady, Daniel)
October 3, 2019 Filing 30 NOTICE OF INTERLOCUTORY APPEAL as to 17 Text Order,, Terminate Motions, by Christine Saraceni. Filing fee $ 505, receipt number 0209-3610249. (Brady, Daniel) Modified on 10/4/2019 to add "interlocutory" (SG).
October 3, 2019 Filing 29 CERTIFICATE OF SERVICE by Christine Saraceni re #28 Amended Complaint (First) (Brady, Daniel)
October 3, 2019 Filing 28 AMENDED COMPLAINT (First) against M&T Bank Corporation, filed by Christine Saraceni.(Brady, Daniel)
October 2, 2019 Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument held on 9/30/2019, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Contact Info Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/23/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/1/2020. (KLH)
September 30, 2019 Filing 26 TEXT ORDER. The plaintiff has asked the Court to reconsider its order sealing Exhibit C to the September 25, 2019 declaration of the plaintiff. The motion to reconsider is granted. Defendant shall file additional submissions by 10/9/2019. Response due by 10/16/2019. Reply, if any, due by 10/18/2019. In the meantime, balancing the risk of harm to the defendant against the harm of sealing the exhibit for a brief period of time, the Court exercises its discretion to keep the exhibit under seal. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/30/2019. (CMD)
September 30, 2019 Filing 25 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument held on 9/30/2019 re: Motion to Seal Exhibit. Defendant to file additional submissions by 10/9/2019. Response due by 10/16/2019. Reply, if any, due by 10/18/2019. In meantime, exhibit will remain under seal. Appearances. For plaintiff: Daniel J. Brady and Michael A. Brady. For defendant: Jodyann Galvin and Martha Pigott. (Court Reporter Ann M. Sawyer.) (CMD)
September 30, 2019 Filing 24 TEXT ORDER re #13 Stipulation to Extend Time filed by M&T Bank Corporation is HEREBY SO ORDERED. The plaintiff may file an amended complaint by 10/4/2019, and the defendant's time to answer or otherwise make motions with respect to the amended complaint is extended to 10/18/2019. Signed by Hon. Lawrence J. Vilardo on 9/27/2019. (CMD)
September 27, 2019 Filing 23 TEXT ORDER. Oral Argument set for 9/30/2019 at 11:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/27/2019. (CMD)
September 27, 2019 Filing 22 DECLARATION re #20 Declaration, #21 Reply/Response filed by Christine Saraceni filed by Christine Saraceni. (Brady, Daniel)
September 27, 2019 Filing 21 REPLY/RESPONSE to re #20 Declaration filed by M&T Bank Corporation. (Galvin, Jodyann)
September 27, 2019 Filing 20 DECLARATION re #18 Declaration, 17 Text Order,, Terminate Motions, filed by Christine Saraceni filed by Christine Saraceni. (Attachments: #1 Exhibit Ex. A Transcript)(Brady, Daniel)
September 27, 2019 Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on August 28, 2019, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Contact Info Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/18/2019. Redacted Transcript Deadline set for 10/28/2019. Release of Transcript Restriction set for 12/26/2019. (KLH)
September 27, 2019 Filing 18 DECLARATION re 17 Text Order,, Terminate Motions, filed by Christine Saraceni filed by Christine Saraceni. (Brady, Daniel)
September 27, 2019 Filing 17 TEXT ORDER RE: #16 MOTION for Expedited Treatment of M&T Bank Corporation's Request to File Exhibit Under Seal filed by M&T Bank Corporation. Motion is granted without prejudice to plaintiff's moving to unseal. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/27/2019. (CMD)-CLERK TO FOLLOW UP-
September 26, 2019 Filing 16 MOTION Expedited Treatment of M&T Bank Corporation's Request to File Exhibit Under Seal by M&T Bank Corporation. (Attachments: #1 Declaration Jodyann Galvin, #2 Text of Proposed Order)(Galvin, Jodyann)
September 25, 2019 Filing 15 CERTIFICATE OF SERVICE by Christine Saraceni re #14 MOTION for Preliminary Injunction (Brady, Daniel)
September 25, 2019 Filing 14 MOTION for Preliminary Injunction by Christine Saraceni. (Attachments: #1 Declaration of Daniel J. Brady, Esq., #2 Exhibit Declaration, #3 Exhibit Declaration, #4 Exhibit [Proposed] Order, #5 Declaration of Christine Saraceni, #6 Exhibit Notification, #7 Exhibit Severance Agreement, #8 Exhibit List, #9 Exhibit Screenshot, #10 Exhibit Email, #11 Exhibit Notice, #12 Memorandum in Support)(Brady, Daniel)
September 25, 2019 Filing 13 STIPULATION to Extend Time to Respond to Complaint by M&T Bank Corporation. (Galvin, Jodyann)
September 11, 2019 Filing 12 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 9/11/2019. Parties advise health insurance back in place and have discussed possible resolution. Briefing schedule set for plaintiff's motion for preliminary injunction as follows: Motion due by 9/25/2019. Response due by 10/9/2019. Reply due by 10/16/2019. Oral Argument set for 10/28/2019 at 10:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Attorney Galvin will check with client about extending coverage until 11/30/2019 and will report to plaintiff and Court. Appearances. For plaintiff: Daniel J. Brady and Michael A. Brady. For defendant: Jodyann Galvin and Martha Pigott. (Court Reporter Ann M. Sawyer.) (CMD)
September 10, 2019 Filing 11 Corporate Disclosure Statement by M&T Bank Corporation. (Galvin, Jodyann)
September 3, 2019 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (CGJ)
August 30, 2019 Filing 10 TEXT ORDER. Plaintiff's #2 Motion for a Temporary Restraining Order will be deemed withdrawn on 9/4/2019 unless the Court hears from plaintiff's counsel. SO ORDERED. Issued by Lawrence J. Vilardo on 8/30/2019. (CMD)
August 28, 2019 Filing 9 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 8/28/2019. Attorney Galvin advised Court that plaintiff's coverage will continue through end of September. Plaintiff will check status of her health insurance tomorrow. Court will issue a text order deeming Motion for Temporary Restraining Order withdrawn as of 9/4/2019 unless we hear from plaintiff's counsel. Further Status Conference set for 9/11/2019 at 11:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances. For plaintiff: Daniel J. Brady and Michael A. Brady. For defendant: Jodyann Galvin. (Court Reporter Ann M. Sawyer.) (CMD)
August 28, 2019 Filing 8 NOTICE of Appearance by Jodyann Galvin on behalf of M&T Bank Corporation (Galvin, Jodyann)
August 27, 2019 Filing 7 TEXT ORDER re #3 MOTION to Expedite filed by Christine Saraceni. A Status Conference is set for 8/28/2019 at 10:30 AM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/27/2019. (APG)
August 27, 2019 Filing 6 Summons Issued as to M&T Bank Corporation. (KLH)
August 27, 2019 Filing 5 CERTIFICATE OF SERVICE by Christine Saraceni re #1 Complaint, #2 MOTION for Temporary Restraining Order , #3 MOTION to Expedite (Brady, Daniel)
August 27, 2019 Filing 4 NOTICE of Appearance by Michael A. Brady on behalf of Christine Saraceni (Brady, Michael)
August 27, 2019 Filing 3 MOTION to Expedite by Christine Saraceni. (Attachments: #1 Declaration of Daniel J. Brady, Esq., #2 Exhibit Notice of Motion for Temporary Mandatory Injunction with supporting docs, #3 Exhibit Proposed Order)(Brady, Daniel)
August 27, 2019 Filing 2 MOTION for Temporary Restraining Order by Christine Saraceni. (Attachments: #1 Declaration of Daniel J. Brady, Esq., #2 Exhibit Complaint and proposed Summons, #3 Declaration of Christine Saraceni, #4 Exhibit Severance Agreement, #5 Exhibit Email, #6 Memorandum in Support)(Brady, Daniel)
August 27, 2019 Filing 1 COMPLAINT against M&T Bank Corporation $ 400 receipt number 0209-3566412, filed by Christine Saraceni. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Brady, Daniel)
August 27, 2019 Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of on-line civil opening. (KLH)
August 27, 2019 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution(KLH)
August 27, 2019 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (KLH)

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Defendant: M&T Bank Corporation
Represented By: Jodyann Galvin
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Plaintiff: Christine Saraceni
Represented By: Daniel J. Brady
Represented By: Michael A. Brady
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