Equal Employment Opportunity Commission v. 98 Starr Road Operating Co., LLC
| Equal Employment Opportunity Commission |
| 98 Starr Road Operating Co., LLC doing business as Elderwood at Burlington |
| ENE Evaluator |
| 2:2022cv00168 |
| September 6, 2022 |
| US District Court for the District of Vermont |
| Christina Reiss |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER GRANTING #40 Joint Motion to Stay Discovery Schedule Deadlines Pending Ruling on #20 Motion for Judgment on the Pleadings. Signed by Judge Christina Reiss on 4/21/2023. (This is a text-only Order.) (ejh)
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Filing 40
JOINT MOTION to Stay Discovery Schedule Deadlines Pending Ruling on #20 Motion for Judgment on the Pleadings filed by Equal Employment Opportunity Commission.(Linehan, Katie) Link added on 4/21/2023 (law).
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Filing 39
AMENDED ANSWER to #1 Complaint by 98 Starr Road Operating Co., LLC. (Lynn, Pietro)
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Filing 38
MINUTE ENTRY for proceedings held before Judge Christina Reiss: Motion Hearing held on 2/13/2023 re #26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses. Present via video conference: Katie Linehan, Esq., Alison Bitterly, Esq., and Kimberly Cruz, Esq., for pltf. Present via video conference: Caroline Berdzirk, Esq., Christopher Maugans, Esq., and Sean Toohey, Esq., for dfts. The court makes inquiries. Statements by counsel. ORDERED: Granted #26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses. The court grants leave to amend sua sponte. Dft has 14 days to replead affirmative defenses. (Court Reporter: Johanna Masse) (jbr)
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Filing 37
ORDER GRANTING #21 Motion to Seal. No opposition filed. The court finds that disclosure of the progress notes may violate HIPAA and the need for privacy substantially outweighs the need for public access. If the parties or the court relies on the progress notes, disclosure of the portions relied upon shall be made public. Signed by Judge Christina Reiss on 2/2/2023. (This is a text-only Order.) (ejh)
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Filing 36
NOTICE OF APPEARANCE by Alison Bitterly, Esq on behalf of Equal Employment Opportunity Commission.(Bitterly, Alison)
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Filing 35
REPLY to Response to #20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro)
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Filing 34
REPLY to Response to #26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re #7 ANSWER to #1 Complaint filed by Equal Employment Opportunity Commission. (Linehan, Katie)
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Filing 33
ORDER GRANTING IN PART and DENYING IN PART Defendant 98 Starr Road Operating Co., LLCs (Defendants) #25 Motion to Stay Discovery During the Pendency of its Rule 12(c) #20 Motion for Judgment on the Pleadings. A request for a stay of discovery pursuant to Rule 26(c) is committed to the sound discretion of the court based on a showing of good cause. Fed. R. Civ. P. 26(c). The pendency of a dispositive motion is not, without more, grounds for an automatic stay. Thomas v. N.Y.C. Dept of Educ., 2010 WL 3709923, at *3 (E.D.N.Y. Sept. 14, 2010); see also Local Rule 26(a)(3) (Discovery, including the obligation to file a Discovery Schedule, shall not be stayed during the pendency of a Fed. R. Civ. P. 12(b) or (c) motion.). Instead, in considering whether to issue a stay, a district court considers the nature and complexity of the particular case[,] as well as: (1) whether the defendant has made a strong showing that the plaintiffs claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay. Bethpage Water Dist. v. Northrop Grumman Corp., 2014 WL 6883529, at *2 (E.D.N.Y. Dec. 3, 2014) (internal quotation marks omitted). Here, Defendant fails to make a strong showing that Plaintiffs claim is unmeritorious and its reliance on the Second Circuits non binding summary order in Wright v. Monroe Cmty. Hosp., 493 F. Appx 233 (2d Cir. 2012), does not alter that conclusion. Continuing discovery during the pendency of Defendants motion will not be unduly burdensome because Plaintiff does not oppose Defendants motion to stay non written discovery. Requiring Plaintiff to refrain from all discovery would delay this case unnecessarily. The court therefore GRANTS IN PART Defendants motion to stay discovery with regard to all non written discovery until the court has ruled on Defendants pending motion (Doc. #20 ) and DENIES the remainder of the motion. Signed by Judge Christina Reiss on 12/29/2022. (This is a text-only Order.) (jbr)
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Filing 32
REPLY to Response to #25 MOTION to Stay Discovery filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro)
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Filing 31
RESPONSE in Opposition to #20 MOTION for Judgment on the Pleadings filed by Equal Employment Opportunity Commission. (Linehan, Katie)
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Filing 30
RESPONSE in Opposition re #26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re #7 ANSWER to #1 Complaint filed by 98 Starr Road Operating Co., LLC. (Lynn, Pietro)
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Filing 29
RESPONSE in Partial Opposition to #25 MOTION to Stay Discovery filed by Equal Employment Opportunity Commission. (Linehan, Katie) Modified on 12/13/2022 to clarify text (sjl).
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Filing 28
NOTICE of Hearing re: #26 MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re #7 ANSWER to #1 Complaint. Motion Hearing set for 2/13/2023 at 02:30 PM, via video conference, in Burlington Courtroom 510 before Judge Christina Reiss.(jbr)
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Filing 27
RESPONSE to #21 MOTION to File Under Seal Exhibit A as to #20 MOTION for Judgment on the Pleadings filed by Equal Employment Opportunity Commission. (Linehan, Katie)
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Filing 26
MOTION to Strike Defendants Sixth and Eighth Affirmative Defenses re #7 ANSWER to #1 Complaint filed by Equal Employment Opportunity Commission. (Attachments: #1 Memorandum in Support, #2 Declaration of Katie N. Linehan, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(Linehan, Katie) Modified on 12/6/2022 to clarify text and link entries (sjl).
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Filing 25
MOTION to Stay Discovery filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro)
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Filing 24
ORDER GRANTING #12 Unopposed Motion for Extension of Time to File. Signed by Judge Christina Reiss on 11/28/2022. (This is a text-only Order.) (ejh)
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Filing 23
NOTICE OF DOCKET ENTRY CORRECTION re: #20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. The main document and the memorandum of law were combined into one document. They have been broken apart and are now attached separately to #20 and this entry. (Attachments: #1 Memorandum in Support) (sjl)
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Filing 22
NOTICE OF DOCKET ENTRY UPDATE re: #20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. Exhibit A has been received; it is now attached to #20 under seal. (law)
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Filing 21
MOTION to File Under Seal Exhibit A as to #20 MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro)
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Filing 20
MOTION for Judgment on the Pleadings filed by 98 Starr Road Operating Co., LLC. (Attachments: #1 Declaration of Christopher P. Maugans, #2 Exhibit A (sealed), #3 Exhibit B)(Lynn, Pietro) (Attachment 2 replaced on 11/23/2022) (law). Modified on 11/23/2022 to clarify attachment (sjl). (Main Document 20 replaced on 11/23/2022) (sjl). (Additional attachment(s) added on 11/23/2022: #4 Memorandum in Support) (sjl).
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Filing 19
STIPULATED DISCOVERY SCHEDULE/ORDER: Discovery due by 7/7/2023; Motions due by 8/7/2023; Early Neutral Evaluation set for 3/30/2023 at 10:00 AM; Ready for Trial by 1/15/2024. Signed by Judge Christina Reiss on 11/22/2022. (law)
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Filing 18
ORDER granting #5 Motion for Extension of Time to File an Answer or File Motion for Judgment on the Pleadings. Signed by Judge Christina Reiss on 11/22/2022. (This is a text-only Order.) (law)
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Filing 17
ASSIGNED Early Neutral Evaluator: Michael J. Marks, Esq. (eh)
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Filing 16
PROPOSED Stipulated Discovery Schedule/Order by Equal Employment Opportunity Commission.(Linehan, Katie)
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Filing 15
STIPULATION AS TO ENE by all parties.(Linehan, Katie)
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Filing 14
NOTICE OF APPEARANCE by Christopher P. Maugans, Esq on behalf of 98 Starr Road Operating Co., LLC.(Maugans, Christopher)
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Filing 13
NOTICE OF APPEARANCE by Caroline J. Berdzik, Esq on behalf of 98 Starr Road Operating Co., LLC.(Berdzik, Caroline)
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Filing 12
STIPULATED MOTION for Extension of Time to File Motion to Strike filed by Equal Employment Opportunity Commission.(Linehan, Katie) Event clarified on 11/21/2022 (law).
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Filing 11
ORDER GRANTING #10 Motion for Admission Pro Hac Vice of Caroline J. Berdzik, Esq. and Christopher Maugans, Esq. Signed by Judge Christina Reiss on 11/16/2022. (This is a text-only Order.) (ejh)
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Filing 10
MOTION for Admission Pro Hac Vice of Caroline J. Berdzik, Esq. and Christopher Maugans, Esq. filed by 98 Starr Road Operating Co., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(jlh)
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Filing 9
ENE LETTER re: Potential Evaluators sent; responses due by 11/28/2022. (eh)
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Filing 8
CORPORATE DISCLOSURE STATEMENT pursuant to Local Rule 7.1(a) by 98 Starr Road Operating Co., LLC (Lynn, Pietro)
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Filing 7
ANSWER to #1 Complaint by 98 Starr Road Operating Co., LLC. (Lynn, Pietro) Modified on 11/8/2022 to clarify text and link entries (sjl).
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Filing 6
NOTICE OF DOCKET ENTRY CORRECTION re: #5 MOTION for Extension of Time to File Answer filed by 98 Starr Road Operating Co., LLC. Exhibit A was omitted at the time of filing. It can now be found attached to #5 and this entry. (eh)
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Filing 5
MOTION for Extension of Time to File Answer to #1 COMPLAINT filed by 98 Starr Road Operating Co., LLC.(Lynn, Pietro) (Additional attachment(s) added on 11/3/2022: #1 Exhibit A) (eh). Modified on 11/3/2022 to clarify text and link entries (sjl).
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Filing 4
NOTICE OF APPEARANCE by Pietro J. Lynn, Esq on behalf of 98 Starr Road Operating Co., LLC.(Lynn, Pietro)
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Filing 3
NOTICE OF APPEARANCE by Katie N. Linehan, Esq on behalf of Equal Employment Opportunity Commission.(Linehan, Katie)
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Filing 2
WAIVER OF SERVICE Returned Executed: 98 Starr Road Operating Co., LLC waiver sent on 9/6/2022, answer due 11/7/2022.(Cruz, Kimberly)
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Filing 1
COMPLAINT against 98 Starr Road Operating Co., LLC filed by Equal Employment Opportunity Commission. (Attachments: #1 Civil Cover Sheet) (sjl)
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