Charter Communications, Inc. v. Derfert
| Charter Communications, Inc. |
| Lynda M. Derfert |
| NYS Div of Human Rights |
| 1:2020cv00915 |
| July 17, 2020 |
| U.S. District Court for the Western District of New York |
| Geoffrey Crawford |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 DECLARATION signed by Kimberley E. Lunetta re #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Injunctive Relief filed by Charter Communications, Inc. Declaration of Kimberley E. Lunetta in Opposition to Partial Motion to Dismiss and for an Injunction filed by Charter Communications, Inc.. (Attachments: #1 Exhibit A - NYSDHR cases, #2 Certificate of Service)(Lunetta, Kimberley) |
| Filing 22 MEMORANDUM in Opposition re #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Injunctive Relief filed by Charter Communications, Inc.. (Shaulson, Samuel) |
Filing 21
ORDER granting #20 MOTION for Pro Hac Vice for Dana A. Brady. Signed by Hon. Geoffrey Crawford on 9/10/20. (JL)-CLERK TO FOLLOW UP-
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| Filing 20 MOTION to appear pro hac vice for Dana A. Brady ( Filing fee $ 200 receipt number 0209-3969827.) by Charter Communications, Inc.. (Attachments: #1 Admission Petition Form, #2 Sponsor Declaration, #3 Attorney Oath, #4 Civility Principles Oath, #5 Attorney Database and CM/ECF Registration Form)(Lunetta, Kimberley) |
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Filing 19
ORDER granting #18 MOTION for Extension of Time to File Response/Reply as to #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Injunctive Relief. Time extended to September 10, 2020. Signed by Hon. Geoffrey Crawford on 9/4/20. (JL)-CLERK TO FOLLOW UP-
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| Set Deadlines/Hearings: Petitioner Response due by 9/10/2020. (JHF) |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Injunctive Relief by Charter Communications, Inc..(Lunetta, Kimberley) |
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Filing 17
ORDER finding as moot #4 MOTION to Expedite Hearing on Charter's #3 Motion to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration. Hearing held on July 29, 2020. Signed by Hon. Geoffrey Crawford on 8/27/2019. (JL)
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| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/29/2020, before Judge Geoffrey W. Crawford. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. 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 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020. (CM) |
| Filing 15 AMENDED First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM for Injunctive Relief by NYS Div of Human Rights. (Attachments: #1 Exhibit 2 Admin Complaint, #2 Exhibit 3 FIRABOD, #3 Exhibit 4 Determination, #4 Exhibit 5 Prelim Conf, #5 Exhibit 6 Letter Adj, #6 Exhibit 1 Ho Order, #7 Declaration Sobkowski in Support of Motion, #8 Declaration of service by mail, #9 Memorandum in Support)(Sobkowski, Erin) Modified on 8/19/2020 (KM). |
| Filing 14 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NYS Div of Human Rights.(Sobkowski, Erin) |
| E-Filing Notification regarding #15 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Document title modified to show as amended motion. (KM) |
| Filing 13 NOTICE of Appearance by Erin M. Sobkowski on behalf of NYS Div of Human Rights (Sobkowski, Erin) |
| Filing 12 AFFIDAVIT of Service for Declaration of Kimberley E. Lunetta in Further Support of Petitioner's Motion to Compel Arbitration and to Enjoin Respondent served on Lynda M. Derfert on July 24, 2020, filed by Charter Communications, Inc.. (Lunetta, Kimberley) |
| Remark: Clerk mailed a copy of Dkt. 10 to Lynda M. Derfert. (KM) |
| Filing 11 Minute Entry for proceedings held before Hon. Geoffrey Crawford: Appearances via zoom.gov.com: Kimberley Lunetta, Esq./pl; Lynda M. Derfert/def. by telephone; Erin Sobkowski, NYS Division of Human Rights. Status Conference held as to #3 MOTION to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration on 7/29/2020. Court set a schedule on the motion to compel. See order entered 7/29/2020 #10 . (Zoomgov.com recording.) (LMD) |
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Filing 10
ORDER. On 7/29/20, the court held a video conference in this case. Petitioner Charter Communications, Inc. seeks an order compelling respondent Lynda Derfert to submit her claim of discrimination to binding arbitration. The court set a deadline of 8/19/2020, for counsel for the Division of Human Rights to enter an appearance and file a motion or other pleading seeking an order which would permit the administrative agency to proceed with Ms. Derfert's claim. The court set a deadline of 9/3/2020, for a response. Any reply shall be filed by 9/10/2020. If Ms. Derfert decides to file a response she should do so by 9/3/2020. The court grants petitioner's request for an order that the Division of Human Rights postpone any further administrative proceedings, including the preliminary conference now set for 8/4/2020, until the parties have an opportunity to brief the issue and the court has an opportunity to issue a ruling. The court commits to ruling on the matter promptly after receiving the parties' memorandum. Because this order will be in place for approximately six - eight weeks, it takes the form of a preliminary injunction. Any party who objects to the order may request an immediate evidentiary hearing consistent with F.R.Civ.P. 65(a). The court will not set such a hearing itself unless either side request it in order to avoid expense and delay and reach the merits of the dispute as quickly as possible. Signed by Hon. Geoffrey Crawford on 7/29/2020. (KM)
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| NOTICE of Hearing on Motion #3 MOTION to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration : Motion Hearing set for 7/29/2020 11:00 AM via Zoomgov.com before Hon. Geoffrey Crawford. (LMD) |
| Filing 9 DECLARATION re #3 MOTION to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration filed by Charter Communications, Inc. filed by Charter Communications, Inc.. (Attachments: #1 Exhibit A - Order of the New York State Division of Human Rights)(Lunetta, Kimberley) |
| Filing 8 AFFIDAVIT of Service for Summons, Petition to Compel Arbitration, Motion to Compel Arbitration and Supporting Papers served on Lynda M. Derfert on July 21, 2020, filed by Charter Communications, Inc.. (Shaulson, Samuel) |
| Filing 7 NOTICE of Appearance by Kimberley E. Lunetta on behalf of Charter Communications, Inc. (Lunetta, Kimberley) |
| Filing 6 Summons Issued as to Lynda M. Derfert. (JD) |
| 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. (JD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Case Assigned to Hon. Geoffrey Crawford. Notification to Chambers of on-line civil case opening. (JD) |
| Filing 5 DECLARATION re #1 Complaint, #3 MOTION to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration, #4 MOTION to Expedite Hearing on Charter's Motion to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration filed by Charter Communications, Inc. (of service). (Shaulson, Samuel) |
| Filing 4 MOTION to Expedite Hearing on Charter's Motion to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration by Charter Communications, Inc.. (Attachments: #1 Declaration of Sam S. Shaulson, #2 Exhibit Charter's Petition to Compel Arbitration, Notice of Motion to Compel Arbitration with Supporting Memorandum of Law, Declarations of Kelly Schwallie, John Fries and Dana A. Brady)(Shaulson, Samuel) |
| Filing 3 MOTION to Compel Arbitration and to Enjoin Respondent from Pursuing Claims Outside of Arbitration by Charter Communications, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration Declaration of Kelly Schwallie, #3 Exhibit Complaint, #4 Exhibit Position Statement and Mutual Arbitration Agreement, #5 Exhibit Probable Cause Determination, #6 Exhibit Division's Notice dated March 3, 2020, #7 Exhibit Division's Email dated March 31, 2020, #8 Exhibit Letter sent to Respondent April 9, 2020, #9 Exhibit Division's Preliminary Conference Notice dated June 16, 2020, #10 Exhibit Email Respondent sent on June 24, 2020, #11 Declaration Declaration of John Fries, #12 Exhibit Respondent's employment application, #13 Exhibit Respondent's Offer Letter, #14 Exhibit Respondent's Onboarding Status Details, #15 Exhibit Mutual Arbitration Agreement and Solution Channel Program Program Guidelines, #16 Exhibit Screenshot of Mutual Arbitration Agreement Acknowledgment Page, #17 Declaration Declaration of Dana A. Brady, #18 Exhibit July 15, 2020 Email)(Shaulson, Samuel) |
| Filing 2 Corporate Disclosure Statement by Charter Communications, Inc. identifying Other Affiliate Liberty Broadband Corporation, Other Affiliate Advance/Newhouse Partnership for Charter Communications, Inc... (Shaulson, Samuel) |
| Filing 1 COMPLAINT (Petition to Compel Arbitration) against Lynda M. Derfert $ 400 receipt number 0209-3907277, filed by Charter Communications, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Shaulson, Samuel) |
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