E.D.N.Y. 2:10-cv-04334 Docket
Zarda v. Altitude Express
No. 2:10-cv-04334, Case History (under construction)
Court: Eastern District of New York (Central Islip)
Assigned to: Judge Eric R. Komitee
(previously Judge Sandra J. Feuerstein, reassigned 06/11/21)
(previously Judge Joseph F. Bianco, reassigned 09/15/20)
Referred to: Magistrate Judge Anne Y. Shields
(previously Magistrate Judges Arlene R. Lindsay and Gary R. Brown)
UNDER CONSTRUCTION
| Date Filed | # | Docket Text |
| 09/23/2010 | 1 | COMPLAINT against Altitude Express, Inc., Ray Maynard Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Donald Zarda. (Attachments: # 1 Civil Cover Sheet) (Serret, Liliana) (Entered: 09/29/2010) |
| 09/23/2010 | FILING FEE: $ 350.00, receipt number 4653019994 (Serret, Liliana) (Entered: 09/29/2010) | |
| 09/23/2010 | Summons Issued as to Altitude Express, Inc., Ray Maynard. (Serret, Liliana) (Entered: 09/29/2010) | |
| 09/30/2010 | Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 09/30/2010) | |
| 10/21/2010 | 2 | SUMMONS Returned Executed by Donald Zarda. Altitude Express, Inc. served on 9/27/2010, answer due 10/18/2010. (Antollino, Gregory) (Entered: 10/21/2010) |
| 10/21/2010 | 3 | WAIVER OF SERVICE Returned Executed by Donald Zarda. Ray Maynard waiver sent on 9/24/2010, answer due 11/23/2010. (Antollino, Gregory) (Entered: 10/21/2010) |
| 11/01/2010 | 4 | NOTICE of Appearance by Saul D. Zabell on behalf of Altitude Express, Inc., Ray Maynard (aty to be noticed) (Zabell, Saul) (Entered: 11/01/2010) |
| 11/23/2010 | 5 | Letter MOTION for pre motion conference re 1 Complaint by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 11/23/2010) |
| 11/23/2010 | ORDER granting 5 Motion for Pre Motion Conference. The Court has received the defendants’ letter, dated November 23, 2010, requesting a pre-motion conference in anticipation of moving to dismiss. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Wednesday, December 8, 2010 at 2:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/23/2010. (Cooney, John) (Entered: 11/23/2010) | |
| 11/30/2010 | 6 | Letter in response to request for premotion conference by Donald Zarda (Attachments: # 1 Exhibit cited case) (Antollino, Gregory) (Entered: 11/30/2010) |
| 11/30/2010 | 7 | MOTION to Adjourn Conference to an earlier or later time the same day by Donald Zarda. (Antollino, Gregory) (Entered: 11/30/2010) |
| 12/01/2010 | ORDER granting 7 Motion to Adjourn Conference. By letter dated November 30, 2010, plaintiff requested to reschedule the December 8, 2010 pre-motion conference. IT IS HEREBY ORDERED that plaintiff’s request is granted. The pre-motion conference is rescheduled for Thursday, December 9, 2010 at 1:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/1/2010. (Cooney, John) (Entered: 12/01/2010) | |
| 12/09/2010 | 8 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 12/9/2010; motion to be filed by 1/10/11; response by 2/10/11; relpy by 2/24/11; oral argument 3/11/11 at 1:30 pm; submit the proposed scheudle to the court by 12/17/10 (Court Reporter ftr 1:38 – 1:51.) (Bollbach, Jean) (Entered: 12/09/2010) |
| 12/09/2010 | ORDER. IT IS HEREBY ORDERED that the automatic referral to the Magistrate Judge for non-dispositive pretrial matters under Local Civil Rule 72.2 is withdrawn in this case and all proceedings, including discovery conferences and all other non-dispositive pre-trial matters, will occur before the District Judge, unless a specific referral is made to the Magistrate Judge at some future time. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/9/2010. (Cooney, John) (Entered: 12/09/2010) | |
| 12/10/2010 | 9 | Proposed Scheduling Order by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 12/10/2010) |
| 12/10/2010 | 10 | SCHEDULING ORDER: deadline for commencement of moiton for joinder of additional parties or amendement of pleadings: March 4, 2011; discovery by Sept. 9, 2011; dispositive motion by Oct. 7, 2011; final conf. Oct 21, 2011 at 10:00 am. Ordered by Judge Joseph F. Bianco on 12/10/2010. (Bollbach, Jean) (Entered: 12/14/2010) |
| 12/16/2010 | 11 | Corporate Disclosure Statement by Altitude Express, Inc. (Zabell, Saul) (Entered: 12/16/2010) |
| 01/10/2011 | 12 | Letter by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 01/10/2011) |
| 01/10/2011 | 13 | ANSWER to 1 Complaint by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 01/10/2011) |
| 02/04/2011 | 14 | First MOTION for Discovery Hearing or Conference by Donald Zarda. (Antollino, Gregory) (Entered: 02/04/2011) |
| 02/07/2011 | ORDER re 14 : The plaintiff’s application must be redirected to Judge Bianco. By order dated December 9, 2010, Judge Bianco withdrew the automatic referral to the undersigned for non-dispositive pretrial matters. Ordered by Magistrate Judge Arlene R. Lindsay on 2/7/2011. c/ecf (Miller, Dina) (Entered: 02/07/2011) | |
| 02/07/2011 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Wednesday, February 9, 2011 at 4:00 p.m. to discuss plaintiff’s letter dated February 4, 2011. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/7/2011. (Cooney, John) (Entered: 02/07/2011) | |
| 02/07/2011 | 15 | RESPONSE in Opposition re 14 First MOTION for Discovery Hearing or Conference filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/07/2011) |
| 02/09/2011 | 16 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone status Conference held on 2/9/2011. (Court Reporter Owen Wicker.) (Bollbach, Jean) (Entered: 02/10/2011) |
| 02/11/2011 | 17 | Letter MOTION to Compel Discovery by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/11/2011) |
| 02/11/2011 | 18 | RESPONSE to Motion re 17 Letter MOTION to Compel Discovery filed by Donald Zarda. (Antollino, Gregory) (Entered: 02/11/2011) |
| 02/11/2011 | 19 | Letter MOTION to Compel Discovery by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit) (Zabell, Saul) (Entered: 02/11/2011) |
| 02/15/2011 | SCHEDULING ORDER: The Court has received the defendants’ letter informing the court of a discovery dispute. IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Friday, February 25, 2011 at 2:30 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/15/2011. (Cooney, John) (Entered: 02/15/2011) | |
| 02/16/2011 | 20 | Letter MOTION to Adjourn Conference scheduled for February 25, 2011 at 2:30 pm by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/16/2011) |
| 02/18/2011 | SCHEDULING ORDER:The Court has received the defendants’ letter requesting an adjournment of the telephone conference scheduled for February 25, 2011. IT IS HEREBY ORDERED that the telephone conference is rescheduled for Tuesday, March 1, 2011 at 2:30 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/18/2011. (Cooney, John) (Entered: 02/18/2011) | |
| 02/22/2011 | 21 | MOTION to Amend/Correct/Supplement 1 Complaint by Donald Zarda. (Attachments: # 1 Exhibit proposed amended complaint) (Antollino, Gregory) (Entered: 02/22/2011) |
| 02/23/2011 | 22 | RESPONSE in Opposition re 21 MOTION to Amend/Correct/Supplement 1 Complaint filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/23/2011) |
| 02/23/2011 | 23 | REPLY in Support re 21 MOTION to Amend/Correct/Supplement 1 Complaint filed by Donald Zarda. (Antollino, Gregory) (Entered: 02/23/2011) |
| 02/28/2011 | SCHEDULING ORDER: Due to a conflict in the Court’s calendar, the telephone conference concerning the discovery dispute scheduled for March 1, 2011 is rescheduled for Friday, March 4, 2011 at 1:15 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/28/2011. (Cooney, John) (Entered: 02/28/2011) | |
| 02/28/2011 | 24 | Letter MOTION to Adjourn Conference currently scheduled for March 4, 2011 at 1:15 p.m. by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/28/2011) |
| 03/02/2011 | ORDER granting 24 Motion to Adjourn Conference. The Court has received the defendants’ letter requesting an adjournment of the telephone conference concerning the discovery dispute scheduled for March 4, 2011. IT IS HEREBY ORDERED that the telephone conference is rescheduled for Friday, March 11, 2011 at 9:30 a.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/2/2011. (Cooney, John) (Entered: 03/02/2011) | |
| 03/09/2011 | 25 | Letter Requesting pre-motion conference by Donald Zarda (Antollino, Gregory) (Entered: 03/08/2011) |
| 03/09/2011 | SCHEDULING ORDER: The Court has received the plaintff’s letter, dated March 8, 2011, requesting a pre-motion conference in anticipation of moving to disqualify defendants’ counsel. IT IS HEREBY ORDERED that the parties shall discuss this matter at the telephone conference concerning the discovery dispute scheduled for March 11, 2011 at 9:30 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/9/2011. (Cooney, John) (Entered: 03/09/2011) | |
| 03/10/2011 | 26 | REPLY in Opposition re 25 Letter filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 03/10/2011) |
| 03/11/2011 | 27 | Minute Order. for proceedings held before Judge Joseph F. Bianco:granting 21 Motion to Amend/Correct/Supplement; Telephone Conference held on 3/11/2011. Amended complaint to be filed by 3/18/11 (Court Reporter ftr 9:47 – 10:02.) (Bollbach, Jean) (Entered: 03/11/2011) |
| 03/11/2011 | 28 | AMENDED COMPLAINT against Altitude Express, Inc., Ray Maynard, filed by Donald Zarda. (Antollino, Gregory) (Entered: 03/11/2011) |
| 03/11/2011 | 29 | ORDER granting 19 Motion to Compel; ( Amended Pleadings due by 3/18/2011.) The amended complaint shall be filed no later than March 18, 2011. ( Signed by: Joseph F. Bianco, United States District Judge, on March 11, 2011). (Fagan, Linda) (Entered: 03/16/2011) |
| 03/22/2011 | 30 | ANSWER to 28 Amended Complaint by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 03/22/2011) |
| 04/08/2011 | 31 | First MOTION to Compel by Donald Zarda. (Attachments: # 1 Exhibit Waiver form) (Antollino, Gregory) (Entered: 04/08/2011) |
| 04/12/2011 | 32 | RESPONSE in Opposition re 31 First MOTION to Compel filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit) (Zabell, Saul) (Entered: 04/12/2011) |
| 04/12/2011 | 33 | REPLY in Support re 31 First MOTION to Compel filed by Donald Zarda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Antollino, Gregory) (Entered: 04/12/2011) |
| 04/13/2011 | 34 | MOTION to Compel Discovery or Production of Documents under F.R.C.P. 37 et seq. by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Zabell, Saul) (Entered: 04/13/2011) |
| 04/13/2011 | 35 | MOTION to Strike 34 MOTION to Compel Discovery or Production of Documents under F.R.C.P. 37 et seq. as excessive and in violation of the local rules and the Court’s individual rules by Donald Zarda. (Antollino, Gregory) (Entered: 04/13/2011) |
| 04/13/2011 | 36 | Letter in response to Plaintiff’s surreply by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 04/13/2011) |
| 04/14/2011 | 37 | RESPONSE in Opposition re 35 MOTION to Strike 34 MOTION to Compel Discovery or Production of Documents under F.R.C.P. 37 et seq. as excessive and in violation of the local rules and the Court’s individual rules filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/14/2011) |
| 04/14/2011 | 38 | Letter MOTION for pre motion conference by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit) (Zabell, Saul) (Entered: 04/14/2011) |
| 04/18/2011 | 39 | Letter in response to request for premotion conference to quash subpoena by Donald Zarda (Antollino, Gregory) (Entered: 04/18/2011) |
| 05/05/2011 | 40 | Letter concerning new matters in discovery by Donald Zarda (Antollino, Gregory) (Entered: 05/05/2011) |
| 05/05/2011 | 41 | REPLY in Opposition to Plaintiff’s 5/5/11 letter concerning new matters in discovery filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 05/05/2011) |
| 05/05/2011 | 42 | Letter in further support of discovery by plaintiff and other relief by Donald Zarda (Antollino, Gregory) (Entered: 05/05/2011) |
| 05/06/2011 | ORDER. By letter dated May 5, 2011, plaintiff requests a pre-motion conference on the issue of disqualifying counsel for defendants from representing non-party witnesses. IT IS HEREBY ORDERED that the pre-motion conference requirement is waived. The parties shall adhere to the following briefing schedule for plaintiff’s motion. Plaintiff’s motion is due June 6, 2011; Defendants’ response is due July 6, 2011; Plaintiff’s reply is due July 20, 2011. The Court will determine if oral argument is necessary after the matter is fully submitted. IT IS FURTHER ORDERED that plaintiff’s pending motion to strike defendants’ 176-page discovery motion is denied. IT IS FURTHER ORDERED that the parties abide by the following briefing schedule: plaintiff’s opposition is due by May 27, 2011 and defendants’ reply is due June 8, 2011. IT IS FURTHER ORDERED that the page limit requirement is waived for plaintiff’s opposition. IT IS FURTHER ORDERED that the Court will consider plaintiff’s request to compel plaintiff’s deposition after the above-referenced matters are decided. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/6/2011. (Cooney, John) (Entered: 05/06/2011) | |
| 05/12/2011 | 43 | Letter regarding Your Honor’s May 6, 2011 Order by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 05/12/2011) |
| 05/12/2011 | 44 | Letter in response to defendants’ letter of 5/12/11 by Donald Zarda (Antollino, Gregory) (Entered: 05/12/2011) |
| 05/27/2011 | 45 | MEMORANDUM in Opposition re 34 MOTION to Compel Discovery or Production of Documents under F.R.C.P. 37 et seq. filed by Donald Zarda. (Attachments: # 1Exhibit A, # 2 Exhibit B) (Antollino, Gregory) (Entered: 05/27/2011) |
| 06/06/2011 | 46 | MOTION to Disqualify Counsel and to hold two witnesses in contempt and for other relief by Donald Zarda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Errata G) (Antollino, Gregory) (Entered: 06/06/2011) |
| 06/06/2011 | 47 | MEMORANDUM in Support re 46 MOTION to Disqualify Counsel and to hold two witnesses in contempt and for other relief filed by Donald Zarda. (Antollino, Gregory) (Entered: 06/06/2011) |
| 06/06/2011 | 48 | MEMORANDUM in Support re 46 MOTION to Disqualify Counsel and to hold two witnesses in contempt and for other relief SIGNED LETTER BRIEF (DOCUMENT # 47 IS UNSIGNED) filed by Donald Zarda. (Antollino, Gregory) (Entered: 06/06/2011) |
| 06/08/2011 | 49 | REPLY in Support re 34 MOTION to Compel Discovery or Production of Documents under F.R.C.P. 37 et seq. filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 06/08/2011) |
| 07/06/2011 | 50 | MEMORANDUM in Opposition re 48 Memorandum in Support filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Declaration of Saul Zabell, Esq.) (Zabell, Saul) (Entered: 07/06/2011) |
| 07/13/2011 | 51 | REPLY in Support re 46 MOTION to Disqualify Counsel and to hold two witnesses in contempt and for other relief filed by Donald Zarda. (Antollino, Gregory) (Entered: 07/13/2011) |
| 08/09/2011 | 52 | Letter MOTION for Extension of Time to Complete Discovery by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 08/09/2011) |
| 08/10/2011 | SCHEDULING ORDER: IT IS HEREBY ORDERED that oral argument is scheduled for Wednesday, August 24, 2011 at 2:00 p.m. for plaintiff’s motion to disqualify counsel from representing non-party witnesses and defendants’ motion to compel. In addition, the Court has received defendants’ request for an extension of time to complete discovery. IT IS FURTHER ORDERED that a new discovery deadline will be set following the Court’s ruling on the pending motions. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/10/2011. (Cooney, John) (Entered: 08/10/2011) | |
| 08/10/2011 | 53 | Letter MOTION to Adjourn Conference by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 08/10/2011) |
| 08/11/2011 | ORDER granting 53 Motion to Adjourn Conference. By letter dated August 10, 2011, defendants request to adjourn the oral argument scheduled for August 24, 2011 until after Labor Day. IT IS HEREBY ORDERED that, on consent, defendants’ request is granted. Oral argument concerning plaintiff’s motion to disqualify counsel from representing non-party witnesses and defendants’ motion to compel is rescheduled for Monday, September 12, 2011 at 3:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/11/2011. (Cooney, John) (Entered: 08/11/2011) | |
| 08/24/2011 | 54 | Second MOTION to Adjourn Conference for September 12 to September 19 by Donald Zarda. (Antollino, Gregory) (Entered: 08/24/2011) |
| 08/24/2011 | ORDER granting 54 Motion to Adjourn Conference. By letter dated August 24, 2011, plaintiff requests to adjourn the oral argument scheduled for September 12, 2011 until September 19, 2011 at 4:30 p.m. IT IS HEREBY ORDERED that, on consent, plaintiff’s request is granted. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/24/2011. (Cooney, John) (Entered: 08/24/2011) | |
| 09/19/2011 | 55 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 9/19/2011 at 4:30. Attorney for plaintiff, Gregory Antollino present. Saul Zabell attorney for defendant present. Case called. Conference held. Argument heard. Plaintiff’s motion to compel; within 10 days, def’s to produce names and addresses of co-workers for 2009 and 2010 summers, names and addresses of two customers at issue and jump log. Defts.’ motion to compel plaintiff to produce any facebook communication from 2008-10 that expressed emotional trauma and tax returns. Other financial records related to other company is denied at this juncture. Medical treatment records from 2008-present to be provided to the Court for ex parte in camera review. Denied in all other respects. Plaintiffs’ motion to disqualify counsel is denied. Motion for costs denied. Parties to submit deposition schedule, with plaintiff proceeding first, to the Court within two weeks. (Tape #4:41-5:41.) (Padilla, Kristin) (Entered: 10/03/2011) |
| 10/19/2011 | 56 | Letter informing the court as to agreed upon discovery deadline by Donald Zarda (Antollino, Gregory) (Entered: 10/19/2011) |
| 10/20/2011 | SCHEDULING ORDER: IT IS HEREBY ORDERED that discovery in this case shall end on March 23, 2012. The parties shall participate in a telephone conference on Wednesday, April 4, 2012 at 11:00 a.m. At that time, counsel for the plaintiff shall initiate the call, and once all parties are on the line, shall contact chambers at (631)712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/20/2011. (Maxwell, Rita) (Entered: 10/20/2011) | |
| 11/15/2011 | 57 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone status Conference held on 11/15/2011; RE: deposition dispute. Non-party witnesses David Kenglo and Rose Orellana want to be deposed together at the same time. Court rules that the non-party witnesses will be deposed separately and will not be present at each other’s deposition. (Tape #ftr 1:32 – 1:41.) (Bollbach, Jean) (Entered: 11/16/2011) |
| 11/18/2011 | Magistrate Judge Gary R. Brown added. Magistrate Judge Arlene R. Lindsay no longer assigned to case. (Bowens, Priscilla) (Entered: 11/18/2011) | |
| 12/09/2011 | ORDER terminating 52 Motion for Extension of Time to Complete Discovery. Motion terminated. See Scheduling Order dated October 20, 2011. Ordered by Judge Joseph F. Bianco on 12/9/2011. (Maxwell, Rita) (Entered: 12/09/2011) | |
| 12/09/2011 | ORDER terminating 35 Motion to Strike. Motion terminated. See Order dated May 6, 2011. Ordered by Judge Joseph F. Bianco on 12/9/2011. (Maxwell, Rita) (Entered: 12/09/2011) | |
| 12/12/2011 | ORDER terminating 31 Motion to Compel; terminating 34 Motion to Compel; terminating 38 Motion for Pre Motion Conference; terminating 46 Motion to Disqualify Counsel. Motions terminated. See Docket Entry 55. Ordered by Judge Joseph F. Bianco on 12/12/2011. (Maxwell, Rita) (Entered: 12/12/2011) | |
| 12/15/2011 | 58 | MOTION for Discovery to compel a subpoena by Donald Zarda. (Attachments: # 1 Exhibit) (Antollino, Gregory) (Entered: 12/15/2011) |
| 12/15/2011 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Friday, December 16, 2011 at 9:30 a.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/15/2011. (Maxwell, Rita) (Entered: 12/15/2011) | |
| 12/16/2011 | 59 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone status Conference held on 12/16/2011 – re: deposition dispute. Deposition to take place 12/21/11 as discussed on the record (Tape #ftr 9:40 – 9:46.) (Bollbach, Jean) (Entered: 12/16/2011) |
| 12/16/2011 | ORDER terminating 58 Motion for Discovery, Motion terminated. See docket entry 59. Ordered by Judge Joseph F. Bianco on 12/16/2011. (Maxwell, Rita) (Entered: 12/16/2011) | |
| 02/18/2012 | 60 | Letter requesting briefing schedule, etc. by Donald Zarda (Antollino, Gregory) (Entered: 02/18/2012) |
| 02/21/2012 | SCHEDULING ORDER: By letter dated February 18, 2012, plaintiff requests a briefing schedule regarding outstanding discovery disputes. IT IS HEREBY ORDERED that the parties shall abide by the following briefing schedule: motions regarding outstanding discovery shall be filed by March 21, 2012; oppositions shall be filed by April 23, 2012; reply briefs shall be filed by May 7, 2012; oral argument shall be held on Wednesday, June 13, 2012 at 2:00 p.m. IT IS FURTHER ORDERED that the page limitations of the Local Rules are waived for this briefing. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/21/2012. (Maxwell, Rita) (Entered: 02/21/2012) | |
| 03/21/2012 | 61 | Second MOTION to Compel , Second MOTION for Sanctions , Second MOTION for Extension of Time to Complete Discovery by Donald Zarda. (Antollino, Gregory) (Entered: 03/21/2012) |
| 03/21/2012 | 62 | DECLARATION re 61 Second MOTION to Compel Second MOTION for Sanctions Second MOTION for Extension of Time to Complete Discovery by Donald Zarda (Attachments: # 1 Exhibit A-Maynard Dep., # 2 Exhibit B-Picture of timer, # 3 Exhibit C- Winstock Dep, # 4 Exhibit D-Orellana Dep., # 5 Exhibit E-Kengle Dep., # 6Exhibit F-Callanan Dep., # 7 Exhibit G- D’s response to P’s 2d ComBined demand, # 8 Exhibit H- Apparent Ripoff Report Complaint, # 9 Exhibit I- Apparent REsponse by Maynard to Ripoff report, # 10 Exhibit J Declaration of Saul Zabell, # 11 Exhibit K- emails between Antollino and Zabell, # 12 Exhibit L – portion of deposition in unrelated case, # 13 Exhibit M – portion of defendants’ amended document response, # 14 Exhibit N – Letter from Zabell to Antollino, # 15 Exhibit O – Letter from Zabell to Court, # 16 Exhibit P – email to defendant regarding Zarda, # 17 Exhibit Q- Letter of Saul Zabell to Court 4/12/11, # 18 Exhibit R- Sanchez declaration, # 19 Exhibit S – portions of deposition of Donald Zarda) (Antollino, Gregory) (Entered: 03/21/2012) |
| 03/21/2012 | 63 | MEMORANDUM in Support re 61 Second MOTION to Compel Second MOTION for Sanctions Second MOTION for Extension of Time to Complete Discovery filed by Donald Zarda. (Antollino, Gregory) (Entered: 03/21/2012) |
| 04/03/2012 | ORDER. In light of the on-going briefing and upcoming oral argument regarding the parties’ discovery disputes, IT IS HEREBY ORDERED that the conference scheduled for April 4, 2012 is canceled. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/3/2012. (Maxwell, Rita) (Entered: 04/03/2012) | |
| 04/23/2012 | 64 | MEMORANDUM in Opposition to Plaintiff’s Motion to Compel filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/23/2012) |
| 04/23/2012 | 65 | AFFIDAVIT/DECLARATION in Opposition re 61 Second MOTION to Compel Second MOTION for Sanctions Second MOTION for Extension of Time to Complete Discovery of Saul Zabell filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Zabell, Saul) (Entered: 04/23/2012) |
| 05/07/2012 | 66 | REPLY in Support re 61 Second MOTION to Compel Second MOTION for Sanctions Second MOTION for Extension of Time to Complete Discovery filed by Donald Zarda. (Attachments: # 1 Exhibit A – portion Zarda Dep.) (Antollino, Gregory) (Entered: 05/07/2012) |
| 05/14/2012 | 67 | Letter Regarding Plaintiff’s Request for Sanctions by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 05/14/2012) |
| 05/14/2012 | 68 | Letter in response to Mr. Zabell’s request to expand the record by Donald Zarda (Antollino, Gregory) (Entered: 05/14/2012) |
| 05/15/2012 | 69 | Letter in further response to Mr. Zabell’s May 14 letter by Donald Zarda (Attachments: # 1 Exhibit documents referenced in letter) (Antollino, Gregory) (Entered: 05/15/2012) |
| 06/12/2012 | 70 | Letter regarding additional information for the June 13 oral argument by Donald Zarda (Attachments: # 1 Exhibit 1 Transcript, # 2 Exhibit 2 Subpoena from Zabell 5/24, # 3 Exhibit 3 Email cancelling deposition) (Antollino, Gregory) (Entered: 06/12/2012) |
| 06/13/2012 | 71 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 6/13/2012 – letter to be submitted to the court by 6/20/12. Letter response to be submitted to the court by 6/17/12. Discovery is extended to 11/30/12 (Bollbach, Jean) (Entered: 06/14/2012) |
| 06/20/2012 | 72 | First MOTION for Protective Order by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Zabell, Saul) (Entered: 06/20/2012) |
| 06/22/2012 | 73 | REPLY to Response to Motion re 72 First MOTION for Protective Order and CROSS MOTION for certain relief filed by Donald Zarda. (Antollino, Gregory) (Entered: 06/22/2012) |
| 06/26/2012 | 74 | REPLY to Response to Motion re 72 First MOTION for Protective Order filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 06/26/2012 |
| 07/17/2012 | 75 | ORDER denying 72 Motion for Protective Order. ORDERED that plaintiff is entitles to documentation regarding the days in which he worked but did not jump. Ordered by Judge Joseph F. Bianco on 7/17/2012. (Bollbach, Jean) (Entered: 07/18/2012) |
| 07/20/2012 | 76 | MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition by Donald Zarda. (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/20/2012 | 77 | DECLARATION re 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition declaration of Kenji Yoshino by Donald Zarda (Attachments: # 1 Exhibit A-Yoshino Report, # 2 Exhibit B-Yoshino cv, # 3 Exhibit C- Subpoena & letter from Zabell, # 4Exhibit D – Yohsino’s hours of preparation before cancellation of deposition) (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/20/2012 | 78 | DECLARATION re 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition Declaration of Gregory Antollino by Donald Zarda (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/20/2012 | 79 | MEMORANDUM in Support re 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition filed by Donald Zarda. (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/20/2012 | 80 | Letter regarding motion by Donald Zarda (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/20/2012 | 81 | Letter requesting permission to move it defendants do not produce previously ordeed discovery within a reasonable time by Donald Zarda (Antollino, Gregory) (Entered: 07/20/2012) |
| 07/27/2012 | 82 | Letter responding to Plaintiff’s request to move if Defendants do not produce discovery within a reasonable time by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 07/27/2012) |
| 08/06/2012 | 83 | Letter regarding Defendants’ Opposition to Plaintiff’s Request for the Admission of Expert Testimony and Payment of Fees by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 08/06/2012) |
| 08/06/2012 | 84 | MEMORANDUM in Opposition to Plaintiff’s Request for Admission of Expert Testimony and Payment of Preparation Fees filed by All Defendants. (Zabell, Saul) (Entered: 08/06/2012) |
| 08/06/2012 | 85 | DECLARATION re 84 Memorandum in Opposition to Plaintiff’s Request for Admission of Expert Testimony and Payment of Preparation Fees by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 08/06/2012) |
| 08/07/2012 | 86 | MOTION for Extension of Time to File Response/Reply as to 79 Memorandum in Support, 77 Declaration, 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition, 81 Letter, 82 Letter, 83 Letter, 84 Memorandum in Opposition, 80 Letter, 78Declaration, 85 Declaration by Donald Zarda. (Antollino, Gregory) (Entered: 08/07/2012) |
| 08/08/2012 | ORDER granting 86 Motion for Extension of Time to File Response/Reply. By letter dated August 7, 2012, plaintiff’s counsel requests that he be allowed to file his motion in limine reply brief by August 31, 2012. IT IS HEREBY ORDERED that plaintiff’s request is granted. Plaintiff may file his reply brief on or before August 31, 2012. SO ORDERED. Ordered by Judge Joseph F. Bianco on 8/8/2012. (Maxwell, Rita) (Entered: 08/08/2012) | |
| 08/31/2012 | 87 | REPLY in Support re 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition(Reply Declaration & Exhibits) filed by Donald Zarda. (Attachments: # 1 Exhibit Exhibits A-D, # 2 Exhibit Exhibit E, # 3 Exhibit Exhibit F) (Antollino, Gregory) (Entered: 08/31/2012) |
| 08/31/2012 | 88 | REPLY in Support re 76 MOTION in Limine to admit Professor Kenji Yoshino’s Opinion and to make defendant pay for 8.75 hours of preparation time for a deposition REEPLY MEMO filed by Donald Zarda. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Antollino, Gregory) (Entered: 08/31/2012) |
| 09/07/2012 | 89 | Letter regarding defendant’s continued failure to produce discovery ordered in June by Donald Zarda (Antollino, Gregory) (Entered: 09/07/2012) |
| 09/10/2012 | 90 | Letter application to file surreply by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 09/10/2012) |
| 09/10/2012 | 91 | Letter in opposition to sur-reply by Donald Zarda (Antollino, Gregory) (Entered: 09/10/2012) |
| 09/10/2012 | 92 | Letter in response to Plaintiff’s ecf filing Document 89 by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 09/10/2012) |
| 09/11/2012 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in oral argument on Thursday, October 4, 2012, at 4:30 p.m., regarding plaintiff’s in limine motion filed July 20, 2012 and the recent correspondence of the parties. No oral argument will be held on September 12, 2012. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/11/2012. (Maxwell, Rita) (Entered: 09/11/2012) | |
| 10/03/2012 | 93 | Letter re status of discovery ordered in June by Donald Zarda (Antollino, Gregory) (Entered: 10/03/2012) |
| 10/04/2012 | 94 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference/oral argument held on 10/4/2012 – argument heard – decision reserved (Tape #ftr 4:51 – 5:48.) (Bollbach, Jean) (Entered: 10/05/2012) |
| 10/06/2012 | 95 | Letter regarding documents produced and follow up on Sassaman v. Ganache by Donald Zarda (Antollino, Gregory) (Entered: 10/06/2012) |
| 10/17/2012 | 96 | STIPULATION AND PROPOSED ORDER FOR COURT’S SIGNATURE by Donald Zarda (Antollino, Gregory) (Entered: 10/17/2012) |
| 10/19/2012 | 97 | ORDER OF CONFIDENTIALITY: for the protection and exchange of confidential information and documents. See order for full details.. Ordered by Judge Joseph F. Bianco on 10/19/2012. (Bollbach, Jean) (Entered: 10/25/2012) |
| 11/06/2012 | 98 | Second MOTION to Compel additional time to depose Ray Maynard based on new additional factors by Donald Zarda. (Attachments: # 1 Affidavit of Ray Maynard, # 2decision referenced in letter) (Antollino, Gregory) (Entered: 11/06/2012) |
| 11/07/2012 | 99 | RESPONSE in Opposition re 98 Second MOTION to Compel additional time to depose Ray Maynard based on new additional factors filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 11/07/2012) |
| 11/07/2012 | 100 | REPLY in Support re 98 Second MOTION to Compel additional time to depose Ray Maynard based on new additional factors filed by Donald Zarda. (Antollino, Gregory) (Entered: 11/07/2012) |
| 11/08/2012 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Tuesday, November 13, 2012 at 9:00 a.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/8/2012.(Samplin, Ilissa) (Entered: 11/08/2012) | |
| 11/08/2012 | 101 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/4/2012, before Judge Joseph F. Bianco. Transcriber Terry Gribben’s Transcription Service, Telephone number 732-263-0044. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/29/2012. Redacted Transcript Deadline set for 12/10/2012. Release of Transcript Restriction set for 2/6/2013. (Russo, Eric) (Entered: 11/08/2012) |
| 11/09/2012 | 102 | Letter MOTION to Adjourn Conference to an alternate time by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 11/09/2012) |
| 11/09/2012 | ORDER granting 102 Motion to Adjourn Conference. By letter dated November 9, 2012, defendants’ counsel requests, on consent, an adjournment of the telephone conference scheduled for Tuesday, November 13, 2012 at 9:00 a.m. to a time later in the day. Unfortunately, a time later in the day is not available. IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Wednesday, November 14, 2012 at 9:00 a.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/9/2012. (Samplin, Ilissa) (Entered: 11/09/2012) | |
| 11/14/2012 | 103 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone pre motion Conference held on 11/14/2012 (Tape #ftr 9:20 – 9:30.) (Bollbach, Jean) (Entered: 11/14/2012) |
| 11/30/2012 | 104 | Letter MOTION for pre motion conference regarding Summary Judgment by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 11/30/2012) |
| 11/30/2012 | ORDER granting 104 Motion for Pre Motion Conference. The Court has received defendants’ letter requesting a pre-motion conference in anticipation of moving for summary judgment. IT IS HEREBY ORDERED that the parties shall participate in a telephone pre-motion conference on Monday, December 17, 2012 at 4:30 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 11/30/2012. (Samplin, Ilissa) (Entered: 11/30/2012) | |
| 11/30/2012 | 105 | MOTION to Adjourn Conference Actually to advance the conference would be a more accurate word to characterize my request. by Donald Zarda. (Antollino, Gregory) (Entered: 11/30/2012) |
| 12/03/2012 | ORDER granting 105 Motion to Adjourn Conference. The Court has received plaintiff’s letter dated November 30, 2012, requesting that the pre-motion conference be moved. IT IS HEREBY ORDERED that the pre-motion conference is now scheduled for Thursday, December 13, 2012 at 3:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. Prior to the date of the conference, plaintiff may submit a letter pursuant to Individual Rule III.A explaining why the proposed motion is likely to be unsuccessful. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/3/2012. (Samplin, Ilissa) (Entered: 12/03/2012) | |
| 12/04/2012 | 106 | Letter in response to defendant’s pre-motion letter by Donald Zarda (Attachments: # 1 Exhibit) (Antollino, Gregory) (Entered: 12/04/2012) |
| 12/13/2012 | 107 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone status Conference held on 12/13/2012 – motion to be filed by 1/28/13; response and cross motion by 3/13/13; reply and opposition by 3/27/13; reply by 4/10/13; oral argument 5/29/13 at 4:30 pm (Tape #ftr 3:10 – 3:15.) (Bollbach, Jean) (Entered: 12/13/2012) |
| 12/28/2012 | 108 | First MOTION for Extension of Time to File Summary Judgment by Altitude Express, Inc.. (Zabell, Saul) (Entered: 12/28/2012) |
| 12/28/2012 | ORDER granting 108 Motion for Extension of Time to File: By letter dated December 28, 2012, defendants request on consent an extension of time to file their motion for summary judgment. IT IS HEREBY ORDERED that defendants’ request is granted. Motion to be filed by February 11, 2013; Response and cross motion to be filed by March 27, 2013; Reply and opposition to be filed by April 10, 2013; Reply to be filed by May 1, 2013. Oral argument remains on Wednesday, May 29, 2013 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 12/28/2012. (Pilmar, Philip) (Entered: 12/28/2012) | |
| 02/11/2013 | 109 | MEMORANDUM in Support of Defendants’ Motion for Summary Judgment filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/11/2013) |
| 02/11/2013 | 110 | RULE 56.1 STATEMENT in Support of Defendants’ Motion for Summary Judgment filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/11/2013) |
| 02/11/2013 | 111 | AFFIDAVIT/DECLARATION in Support re 104 Letter MOTION for pre motion conference regarding Summary Judgment , Defendants’ Motion for Summary Judgment filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16) (Zabell, Saul) (Entered: 02/11/2013) |
| 02/19/2013 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference on Wednesday, February 20, 2013 at 1:30 p.m at which time the Court will rule on plaintiff’s expert motion. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/19/2013. (Samplin, Ilissa) (Entered: 02/19/2013) | |
| 02/19/2013 | 112 | First MOTION to Adjourn Conference for 2/20/13 by Donald Zarda. (Antollino, Gregory) (Entered: 02/19/2013) |
| 02/19/2013 | ORDER granting 112 Motion to Adjourn Conference. The Court has received counsel for plaintiff’s letter requesting an adjournment of the oral ruling scheduled for Wednesday, February 20, 2013. IT IS HEREBY ORDERED that counsel’s request is granted. The telephone conference is rescheduled for Friday, February 22, 2013 at 1:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/19/2013. (Samplin, Ilissa) (Entered: 02/19/2013) | |
| 02/22/2013 | 113 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Status Conference/bench ruling held on 2/22/2013 – decision made on the record (Tape #ftr 1:18 – 1:40.) (Bollbach, Jean) (Entered: 02/22/2013) |
| 02/22/2013 | 114 | ORDER terminating 76 Motion in Limine – plaintiffs motion to admit the expert testiony of Processor Kenji Yoshino is denied and plaitniffs motion for payment of fees is granted, but modified amount of $1,837.50. Ordered by Judge Joseph F. Bianco on 2/22/2013. (Bollbach, Jean) (Entered: 02/25/2013) |
| 03/08/2013 | 115 | First MOTION for Extension of Time to File response and cross motion by Donald Zarda. (Antollino, Gregory) (Entered: 03/08/2013) |
| 03/13/2013 | 116 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/22/2013, before Judge Joseph F. Bianco. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/3/2013. Redacted Transcript Deadline set for 4/15/2013. Release of Transcript Restriction set for 6/11/2013. (Russo, Eric) (Entered: 03/13/2013) |
| 03/14/2013 | ORDER granting 115 Motion for Extension of Time to File. The Court has received counsel for plaintiff’s letter dated March 8, 2013 requesting, on consent, a one-week extension of time to file a response and cross motion for summary judgment. IT IS HEREBY ORDERED that plaintiff’s request is granted. Response and cross motion to be filed by April 3, 2013; Reply and opposition to be filed by April 17, 2013; Reply to be filed by May 8, 2013. Oral argument remains on Wednesday, May 29, 2013 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/14/2013. (Samplin, Ilissa) (Entered: 03/14/2013) | |
| 03/26/2013 | 117 | Second MOTION for Extension of Time to File SJ/Response to SJ by Donald Zarda. (Antollino, Gregory) (Entered: 03/26/2013) |
| 03/26/2013 | ORDER granting 117 Motion for Extension of Time to File. The Court has received counsel for plaintiff’s letter dated March 26, 2013 requesting a one week extension of time to file his response and cross motion for summary judgment. IT IS HEREBY ORDERED that counsel for plaintiff’s request is granted. IT IS FURTHER ORDERED that the parties shall abide by the following modified briefing schedule: response and cross motion to be filed by April 10, 2013; reply and opposition to be filed by April 24, 2010; reply to be filed by May 15, 2013. Oral argument remains on Wednesday, May 29, 2013 at 4:30 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/26/2013. (Samplin, Ilissa) (Entered: 03/26/2013) | |
| 04/03/2013 | 119 | MOTION for Leave to Electronically File Document under Seal documents faxed on 4/3/2013, MOTION to Seal Document by Donald Zarda. (Antollino, Gregory) (Entered: 04/03/2013) |
| 04/04/2013 | 120 | RESPONSE in Opposition re 119 MOTION for Leave to Electronically File Document under Seal documents faxed on 4/3/2013 MOTION to Seal Document filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/04/2013) |
| 04/04/2013 | 121 | REPLY in Support re 119 MOTION for Leave to Electronically File Document under Seal documents faxed on 4/3/2013 MOTION to Seal Document filed by Donald Zarda. (Antollino, Gregory) (Entered: 04/04/2013) |
| 04/05/2013 | ORDER denying 119 Motion for Leave to Electronically File Document under Seal. The Court has received counsel for plaintiff’s motion to file documents under seal. Having reviewed the documents, the Court sees no basis for them to be filed under seal, other than the social security number referenced in the documents. IT IS HEREBY ORDERED that plaintiff’s counsel shall electronically file a redacted version of the documents (with only the social security numbers redacted). SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/5/2013. (Samplin, Ilissa) (Entered: 04/05/2013) | |
| 04/07/2013 | 122 | RULE 56.1 STATEMENT in opposition to defendants filed by Donald Zarda. (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | 123 | Third MOTION for Extension of Time to File motion/cross motion for one day because of ecf failure and electrical outage by Donald Zarda. (Attachments: # 1 Exhibit) (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | ORDER granting 123 Motion for Extension of Time to File. The Court has received counsel for plaintiff’s letter dated April 8, 2013 requesting a one day extension to file opposition papers. IT IS HEREBY ORDERED that counsel for plaintiff’s request is granted. Plaintiff shall file his opposition papers by April 9, 2013. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/8/2013. (Samplin, Ilissa) (Entered: 04/08/2013) | |
| 04/08/2013 | 124 | Letter regarding continuing problems with ecf and my solution by Donald Zarda (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | 125 | AFFIDAVIT/DECLARATION in Opposition re 104 Letter MOTION for pre motion conference regarding Summary Judgment IN ACTUAL OPPOSITION TO SUMMARY JUDGMENT AS A RESULT OF ECF PROBLEMS filed by Donald Zarda. (Attachments: # 1 Exhibit AA Part 1, # 2 Exhibit AA Part 2, # 3 Exhibit AA Part 3, # 4 Exhibit AA Part 4, # 5 Exhibit AA Part 5, # 6 Exhibit BB, # 7 Exhibit CC, # 8 Exhibit DD, # 9 Exhibit EE, # 10 Exhibit FF) (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | 126 | AFFIDAVIT/DECLARATION in Opposition re 104 Letter MOTION for pre motion conference regarding Summary Judgment IN ACTUAL OPPOSITION TO SUMMARY JUDGMENT AS A RESULT OF ECF PROBLEMS filed by Donald Zarda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5Exhibit E, # 6 Exhibit F&G) (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | 127 | RESPONSE in Opposition re 104 Letter MOTION for pre motion conference regarding Summary Judgment ZARDA DECLARATION CONCERNING WAGES filed by Donald Zarda. (Attachments: # 1 Exhibit A,B,C,D) (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/08/2013 | 128 | AFFIDAVIT/DECLARATION in Opposition re 104 Letter MOTION for pre motion conference regarding Summary Judgment BY GREGORY ANTOLLINO IN ACTUAL OPPOSITION TO SUMMARY JUDGMENT AS A RESULT OF ECF PROBLEMS filed by Donald Zarda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S,T,U,V, # 20 Exhibit W, # 21 X,Y,Z) (Antollino, Gregory) (Entered: 04/08/2013) |
| 04/09/2013 | 129 | RULE 56.1 STATEMENT In support of plainitff’s motion and in further opposition under Rule 56.1(b) to defendant’s motion filed by Donald Zarda. (Antollino, Gregory) (Entered: 04/09/2013) |
| 04/09/2013 | 130 | Letter regarding 2 errata in plaintiff’s counter 56.1 statement in opposition to defendant’s motion by Donald Zarda (Antollino, Gregory) (Entered: 04/09/2013) |
| 04/09/2013 | 131 | MEMORANDUM in Support and in opposition to defenendants’ filed by Donald Zarda. (Antollino, Gregory) (Entered: 04/10/2013) |
| 04/10/2013 | 132 | MOTION for Partial Summary Judgment by Donald Zarda. Responses due by 4/24/2013 (Antollino, Gregory) (Entered: 04/10/2013) |
| 04/10/2013 | 133 | Letter summarizing materials submitted for and against summary judgment by Donald Zarda (Antollino, Gregory) (Entered: 04/10/2013) |
| 04/12/2013 | 134 | Letter concerning 3 errata in memo of law by Donald Zarda (Antollino, Gregory) (Entered: 04/12/2013) |
| 04/15/2013 | 135 | Letter MOTION for Extension of Time to File Defendants’ Reply and Opposition by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/15/2013) |
| 04/15/2013 | ORDER granting 135 Motion for Extension of Time to File. The Court has received counsel for defendants’ letter dated April 15, 2013 requesting, on consent, an extension of the briefing schedule for the motions for summary judgment. IT IS HEREBY ORDERED that defendants’ shall respond no later than May 3, 2013 and plaintiff shall reply no later than May 24, 2013. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/15/2013. (Samplin, Ilissa) (Entered: 04/15/2013) | |
| 05/03/2013 | 136 | RULE 56.1 STATEMENT re 132 MOTION for Partial Summary Judgment in Opposition filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 05/03/2013) |
| 05/03/2013 | 137 | MEMORANDUM in Opposition re 132 MOTION for Partial Summary Judgment , REPLY in Support of Defendants’ Motion for Summary Judgment filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 05/03/2013) |
| 05/19/2013 | 138 | REPLY to Response to Motion re 104 Letter MOTION for pre motion conference regarding Summary Judgment, 132 MOTION for Partial Summary Judgment , REPLY in Support re 132 MOTION for Partial Summary Judgment filed by Donald Zarda. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Antollino, Gregory) (Entered: 05/19/2013) |
| 05/20/2013 | 139 | Letter MOTION to Strike a portion of Plaintiff’s Reply Memorandum by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 05/20/2013) |
| 05/20/2013 | 140 | RESPONSE in Opposition re 139 Letter MOTION to Strike a portion of Plaintiff’s Reply Memorandum or for other relief filed by Donald Zarda. (Antollino, Gregory) (Entered: 05/20/2013) |
| 05/28/2013 | SCHEDULING ORDER: IT IS HEREBY ORDERED that, due to a conflict in Chambers, oral argument is rescheduled for Tuesday, June 4, 2013 at 3:00 p.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/28/2013. (Samplin, Ilissa) (Entered: 05/28/2013) | |
| 05/28/2013 | 141 | First MOTION to Adjourn Conference of June 4 to June 6 by Donald Zarda. (Antollino, Gregory) (Entered: 05/28/2013) |
| 05/28/2013 | ORDER granting 141 Motion to Adjourn Conference. The Court has received counsel for plaintiff’s letter dated May 28, 2013, requesting that oral argument be rescheduled for June 6, 2013. IT IS HEREBY ORDERED that oral argument will now take place on Thursday, June 6, 2013 at 11:30 a.m. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/28/2013. (Samplin, Ilissa) (Entered: 05/28/2013) | |
| 06/06/2013 | 142 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Oral Argument held on 6/6/2013; decision reserved(Tape #ftr 11:51 – 12:50.) (Bollbach, Jean) (Entered: 06/07/2013) |
| 06/15/2013 | 143 | Letter re good faith basis for $75000 in controversy in the contingency the court dismisses the Title VII claim by Donald Zarda (Antollino, Gregory) (Entered: 06/15/2013) |
| 07/28/2013 | 144 | NOTICE of Change of address by Gregory S. Antollino (Antollino, Gregory) (Entered: 07/28/2013) |
| 03/07/2014 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Friday, March 28, 2014, at 3:00 p.m. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/7/2014. (Chipev, George) (Entered: 03/07/2014) | |
| 03/28/2014 | 145 | ORDER denying 132 Motion for Partial Summary Judgment; denying 139 Motion to Strike; granting in part and denying in part 109 Memorandum in Support [Defendants’ Motion for Summary Judgment]. For the reasons set forth on the record on March 28, 2014, IT IS HEREBY ORDERED that defendants’ motion for summary judgment (see D.E. 109) is granted in part and denied in part, that plaintiff’s motion for partial summary judgment is denied in its entirety, and that defendants’ motion to strike is denied. See Order for additional details. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/28/2014. (Chipev, George) (Entered: 03/28/2014) |
| 03/28/2014 | 146 | AMENDED COMPLAINT (second) against All Defendants, filed by Donald Zarda. (Antollino, Gregory) (Entered: 03/28/2014) |
| 03/28/2014 | 147 | Letter to Judge Bianco regarding filed Second Amended Complaint and discovery in first amended complaint by Donald Zarda (Antollino, Gregory) (Entered: 03/28/2014) |
| 03/28/2014 | 149 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 3/28/2014; decision made on the record. See court order (Tape #ftr 3:07 – 3:33.) (Bollbach, Jean) (Entered: 03/31/2014) |
| 03/30/2014 | 148 | NOTICE of Appearance by Richard J. Cardinale on behalf of Donald Zarda (aty to be noticed) (Cardinale, Richard) (Entered: 03/30/2014) |
| 04/01/2014 | 150 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/28/2014, before Judge Joseph F. Bianco. Transcriber Tracy Gribben’s Transcription Service, Telephone number 732- 263-0044. Email address: TGribben@transcription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2014. Redacted Transcript Deadline set for 5/2/2014. Release of Transcript Restriction set for 6/30/2014. (Cox, Dwayne) (Entered: 04/01/2014) |
| 04/03/2014 | 151 | Letter MOTION for pre motion conference (anticipated motion to strike and dismiss) by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/03/2014) |
| 04/03/2014 | 152 | RESPONSE in Opposition re 151 Letter MOTION for pre motion conference (anticipated motion to strike and dismiss) filed by Donald Zarda. (Antollino, Gregory) (Entered: 04/03/2014) |
| 04/04/2014 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Wednesday, April 9, 2014, at 4:00 p.m. to address defendants’ request to move to strike and dismiss. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/4/2014. (Chipev, George) (Entered: 04/04/2014) | |
| 04/09/2014 | ORDER. For the reasons set forth on the record during the telephone conference on April 9, 2014, the Court strikes plaintiff’s second amended complaint. The request for a pre-motion conference is terminated as moot. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/9/2014. (Chipev, George) (Entered: 04/09/2014) | |
| 04/09/2014 | ORDER terminating 151 Motion for Pre Motion Conference. Ordered by Judge Joseph F. Bianco on 4/9/2014. (Chipev, George) (Entered: 04/09/2014) | |
| 04/09/2014 | 153 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Status telephone Conference held on 4/9/2014 (Tape #ftr 4:40 – 4:44.) (Bollbach, Jean) (Entered: 04/10/2014) |
| 04/15/2014 | 154 | Notice of MOTION to Dismiss for Lack of Jurisdiction (Diversity) by Altitude Express, Inc., Ray Maynard. Responses due by 4/25/2014 (Attachments: # 1 Declaration Declaration of Saul D. Zabell, # 2 Exhibit Exhibit 1, # 3 Memorandum in Support Memorandum of Law in Support) (Zabell, Saul) (Entered: 04/15/2014) |
| 04/15/2014 | 155 | RESPONSE in Opposition re 154 Notice of MOTION to Dismiss for Lack of Jurisdiction (Diversity) filed by Donald Zarda. (Attachments: # 1 2013 Letter) (Antollino, Gregory) (Entered: 04/15/2014) |
| 04/29/2014 | 156 | REPLY in Support re 154 Notice of MOTION to Dismiss for Lack of Jurisdiction (Diversity) filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/29/2014) |
| 04/30/2014 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Thursday, May 8, 2014, at 4:00 p.m. At that time, counsel for defendants shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. During the conference, the Court intends to issue an oral ruling on the pending motion to dismiss. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/30/2014. (Chipev, George) (Entered: 04/30/2014) | |
| 05/08/2014 | 157 | MINUTE ENTRY/Order for proceedings held before Judge Joseph F. Bianco: Civil Cause for Telephone Conference held on 5/8/14 at 4:21 p.m. FTR: 4:21-4:29. Case called. Counsel for all sides present. Conference held. Motion to dismiss based on amount in controversy denied. Pretrial order due 6/9/14.(Tape #4:21-4:29.) Terminating 154 Motion to Dismiss for Lack of Jurisdiction as denied. (Tape #4:21-4:29.) (Coleman, Laurie) (Entered: 05/09/2014) |
| 05/08/2014 | 158 | ORDER re 154 Notice of MOTION to Dismiss for Lack of Jurisdiction (Diversity) filed by Ray Maynard, Altitude Express, Inc. For the reasons set forth on the record during the telephone conference on May 8, 2014,defendants’ motion to dismiss is denied.. Ordered by Judge Joseph F. Bianco on 5/8/2014. (Bollbach, Jean) (Entered: 05/13/2014) |
| 06/05/2014 | 159 | MOTION for More Definite Statement as to witness knowledge AND their contact information or to eliminate 50 of the 60 names on defendants’ witness list by Donald Zarda. (Antollino, Gregory) (Entered: 06/05/2014) |
| 06/05/2014 | 160 | RESPONSE in Opposition re 159 MOTION for More Definite Statement as to witness knowledge AND their contact information or to eliminate 50 of the 60 names on defendants’ witness list filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 06/05/2014) |
| 06/06/2014 | SCHEDULING ORDER: By letter dated June 5, 2014, plaintiff requests an extension of time to file the pretrial order because of issues with defendants’ witness list. IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Tuesday, June 10, 2014, at 4:30 p.m. to address this issue. At that time, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. The Court shall set a new date for filing the pretrial order during the conference. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/6/2014. (Chipev, George) (Entered: 06/06/2014) | |
| 06/06/2014 | 161 | REPLY in Support re 159 MOTION for More Definite Statement as to witness knowledge AND their contact information or to eliminate 50 of the 60 names on defendants’ witness list filed by Donald Zarda. (Antollino, Gregory) (Entered: 06/06/2014) |
| 06/09/2014 | 162 | MOTION for Extension of Time to File JPTO until the court rules on the previous motion by Donald Zarda. (Antollino, Gregory) (Entered: 06/09/2014) |
| 06/09/2014 | ORDER finding as moot 162 Motion for Extension of Time to File. As noted in the Court’s scheduling order dated June 6, 2014, the Court shall set a new date to file the pretrial order pending the telephone conference scheduled for June 10, 2014. Accordingly, plaintiff’s motion for an extension of time is denied as moot. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/9/2014. (Chipev, George) (Entered: 06/09/2014) | |
| 06/09/2014 | 163 | Letter explaining confusion as to previous motion by Donald Zarda (Antollino, Gregory) (Entered: 06/09/2014) |
| 06/10/2014 | ORDER terminating 159 Motion for More Definite Statement. As set forth on the record during the telephone conference on June 10, 2014, IT IS HEREBY ORDERED that the pretrial order, which should include information about the proposed defense witnesses, shall be due by June 17, 2014. IT IS FURTHER ORDERED that plaintiff submit a letter to the Court by August 5, 2014, detailing any disputed objections to the designations. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/10/2014. (Chipev, George) (Entered: 06/10/2014) | |
| 06/10/2014 | 164 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 6/10/2014; pretrial order due by 6/7/14; letter to Mr. Antollino by 7/7/14; letter to be submitted to the court by 8/5/14 (Tape #ftr 4:41 – 5:01.) (Bollbach, Jean) (Entered: 06/11/2014) |
| 06/17/2014 | 165 | Letter regarding Joint Pre-Trial Order by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Proposed Order Partially Executed Pre-Trial Order) (Zabell, Saul) (Entered: 06/17/2014) |
| 06/18/2014 | 166 | Letter objecting to unilateral filing of JPTO simply because defendants didn’t like what I put truthfully in my portion of the document by Donald Zarda (Antollino, Gregory) (Entered: 06/18/2014) |
| 06/19/2014 | 167 | Letter regarding plaintiff’s 6-17-14 letter by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 06/19/2014) |
| 06/19/2014 | ORDER. IT IS HEREBY ORDERED that counsel for plaintiff may submit a pretrial order signed by him including the disputed statement. No conference is necessary at this time. Ordered by Judge Joseph F. Bianco on 6/19/2014. (Chipev, George) (Entered: 06/19/2014) | |
| 06/19/2014 | 168 | Letter documenting Mr. Zabell’s second homophobic remark toward me in the recent letter to the court, his history of boorish behavior towards me, and insisting that I be treated civilly in this litigation in the future. by Donald Zarda (Antollino, Gregory) (Entered: 06/19/2014) |
| 06/20/2014 | 169 | Proposed Pretrial Order by Donald Zarda (Antollino, Gregory) (Entered: 06/20/2014) |
| 07/15/2014 | 170 | Fully Briefed MOTION in Limine to overrule defendants’ objections to deposition designations by Donald Zarda. (Attachments: # 1 Declaration, # 2 Exhibit 1 Zabell Letter, # 3 Exhibit 2 Antollino Response, # 4 Exhibit 3 Google Map, # 5 Exhibit 4 Maynard Deposition Designations, # 6 Exhibit 5 Cheat Sheet, # 7 Exhibit 6 Callanan Designations, # 8 Exhibit 7 Callanan Letter) (Antollino, Gregory) (Entered: 07/15/2014) |
| 07/16/2014 | 171 | RESPONSE in Opposition re 170 Fully Briefed MOTION in Limine to overrule defendants’ objections to deposition designations filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 07/16/2014) |
| 07/16/2014 | 172 | REPLY in Opposition re 171 Response in Opposition to Motion objecting to another round of the same motion filed by Donald Zarda. (Antollino, Gregory) (Entered: 07/16/2014) |
| 10/06/2014 | 173 | SUGGESTION OF DEATH Upon the Record as to Donald Zarda (Plaintiff) by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 10/06/2014) |
| 10/07/2014 | 174 | Letter regarding the death of Don Zarda by Donald Zarda (Antollino, Gregory) (Entered: 10/07/2014) |
| 11/19/2014 | 175 | MOTION to Substitute Party (estate for deceased plaintiff), MOTION to Amend/Correct/Supplement 28 Amended Complaint (caption only) by Donald Zarda. (Attachments: # 1 Declaration of Gregory Antollino, # 2 Exhibit Probate Documents, # 3 Proposed Order) (Antollino, Gregory) (Entered: 11/19/2014) |
| 11/19/2014 | 176 | MEMORANDUM in Support re 175 MOTION to Substitute Party (estate for deceased plaintiff) MOTION to Amend/Correct/Supplement 28 Amended Complaint (caption only) filed by Donald Zarda. (Antollino, Gregory) (Entered: 11/19/2014) |
| 11/21/2014 | 177 | Letter by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 11/21/2014) |
| 12/01/2014 | 178 | RESPONSE to Motion re 175 MOTION to Substitute Party (estate for deceased plaintiff) MOTION to Amend/Correct/Supplement 28 Amended Complaint (caption only) filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 12/01/2014) |
| 12/02/2014 | 179 | REPLY in Support re 175 MOTION to Substitute Party (estate for deceased plaintiff) MOTION to Amend/Correct/Supplement 28 Amended Complaint (caption only) in response to points raised in Mr. Zabell’s “consent” letter filed by Donald Zarda. (Antollino, Gregory) (Entered: 12/02/2014) |
| 12/03/2014 | 180 | ORDER granting 175 Motion to Substitute Party. Donald Zarda terminated; granting 175 Motion to Amend Caption. Accordingly, IT IS HEREBY ORDERED that the motion for substitution of the plaintiff’s estate for the deceased plaintiff is granted. The Court does not believe an in-person conference is necessary at this time. A telephone conference will be scheduled to addresspotential trial dates and a schedule for in limine motions.. Ordered by Judge Joseph F. Bianco on 12/3/2014. (Bollbach, Jean) (Entered: 12/04/2014) |
| 01/20/2015 | 181 | MOTION for pre motion conference and/or pre-trial conference by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 01/20/2015) |
| 01/21/2015 | ORDER granting 181 Motion for Pre Motion Conference. By letter dated January 20, 2015, counsel for the plaintiff requests a telephone conference to address the status the case and outstanding motions, in light of the death of Mr. Zarda. IT IS HEREBY ORDERED that a telephone conference is scheduled for Monday, February 2, 2015 at 4:30 P.M. At that time, plaintiff’s counsel shall initiate the call, and, once all parties are on the line, shall telephone Chambers at 631-712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/21/2015. (Street, Caitlin) (Entered: 01/21/2015) | |
| 02/02/2015 | SCHEDULING ORDER: Telephone Status Conference set for February 2, 20015 is rescheduled to February 6, 2015 at 4:15 p.m. before Judge Joseph F. Bianco. Ordered by Judge Joseph F. Bianco on 2/2/2015. (Savona, Michele) (Entered: 02/02/2015) | |
| 02/05/2015 | 182 | Consent MOTION to Adjourn Conference by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/05/2015) |
| 02/05/2015 | ORDER granting 182 Motion to Adjourn Conference. By letter dated February 5, 2015, counsel for defendants requests on consent an adjournment of the telephone conference scheduled for Friday, February 6. IT IS HEREBY ORDERED that the request is granted. The telephone conference is adjourned to Wednesday, February 11 at 2:30 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/5/2015. (Street, Caitlin) (Entered: 02/05/2015) | |
| 02/11/2015 | SCHEDULING ORDER: Due to a conflict in the Court’s calendar, IT IS HEREBY ORDERED that the telephone conference scheduled for today is adjourned to Thursday, February 12 at 2:30 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/11/2015. (Street, Caitlin) (Entered: 02/11/2015) | |
| 02/12/2015 | 183 | MOTION to Adjourn Conference (telephonic) scheduled for February 12, 2015 at 2:30 pm by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 02/12/2015) |
| 02/12/2015 | ORDER granting 183 Motion to Adjourn Conference. IT IS HEREBY ORDERED that defendants counsel’s request to adjourn the telephone conference scheduled for today is granted. IT IS FURTHER ORDERED that the conference is rescheduled for Tuesday, February 17, 2015 at 2:30 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 2/12/2015. (Street, Caitlin) (Entered: 02/12/2015) | |
| 02/17/2015 | Motions terminated: 170 Fully Briefed MOTION in Limine to overrule defendants’ objections to deposition designations filed by Melissa Zarda. Ordered by Judge Joseph F. Bianco on 2/17/2015. (Street, Caitlin) (Entered: 02/17/2015) | |
| 02/17/2015 | 184 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 2/17/2015 – Letter to be submitted to the court by 3/6/15. Objections to be filed by 3/20/15. Letter reply by 4/3/15. (Court Reporter Owen Wicker.) (Bollbach, Jean) (Entered: 02/18/2015) |
| 02/28/2015 | 185 | MOTION for Extension of Time to File deposition designations and to note another issue by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 02/28/2015) |
| 03/02/2015 | 186 | RESPONSE in Opposition re 185 MOTION for Extension of Time to File deposition designations and to note another issue filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 03/02/2015) |
| 03/02/2015 | 187 | REPLY in Support re 185 MOTION for Extension of Time to File deposition designations and to note another issue filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 03/02/2015) |
| 03/03/2015 | 188 | REPLY in Opposition re 185 MOTION for Extension of Time to File deposition designations and to note another issue filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 03/03/2015) |
| 03/04/2015 | 189 | Letter re availability for either July 6 or July 23 by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 03/04/2015) |
| 03/05/2015 | 190 | MOTION in Limine regarding deceased plaintiff’s pretrial testimony by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1 Deposition of Donald Zarda with trial designations in highlighted yellow) (Antollino, Gregory) (Entered: 03/05/2015) |
| 03/18/2015 | Case Reassigned to Magistrate Judge Anne Y. Shields. Magistrate Judge Gary R. Brown no longer assigned to the case. (Mahoney, Brenna) (Entered: 03/18/2015) | |
| 03/18/2015 | ORDER finding as moot 185 Motion for Extension of Time to File. Given that counsel for plaintiff filed his letter within the deadline, IT IS HEREBY ORDERED the Court terminates his motion for an extension of time to file as moot. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/18/2015. (Street, Caitlin) (Entered: 03/18/2015) | |
| 03/18/2015 | SCHEDULING ORDER: IT IS HEREBY ORDERED that a telephone conference is scheduled for Monday April 13, 2015 at 2:15 p.m. At the time of the conference, plaintiff’s counsel shall initiate the call, and, once all parties are on the line, shall telephone Chambers at 631-712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/18/2015. (Street, Caitlin) (Entered: 03/18/2015) | |
| 03/19/2015 | 191 | RESPONSE in Opposition re 190 MOTION in Limine regarding deceased plaintiff’s pretrial testimony filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Zabell, Saul) (Entered: 03/19/2015) |
| 03/23/2015 | SCHEDULING ORDER: Due to a conflict in the Court’s calendar, IT IS HEREBY ORDERED that the telephone conference scheduled for Monday, April 13 at 2:15 PM is rescheduled to 12:00 PM on the same day. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/23/2015. (Street, Caitlin) (Entered: 03/23/2015) | |
| 03/23/2015 | 198 | ORDER IN RE CASES RE-ASSIGNED. Ordered by Magistrate Judge Anne Y. Shields on 3/23/2015. (Attachments: # 1 AYS Rules) (Torres, Jasmine) (Entered: 04/16/2015) |
| 03/28/2015 | 192 | REPLY in Support re 190 MOTION in Limine regarding deceased plaintiff’s pretrial testimony filed by All Plaintiffs. (Antollino, Gregory) (Entered: 03/28/2015) |
| 03/28/2015 | 193 | Second MOTION in Limine regarding defense deposition designations of Don Zarda’s deposition by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 03/28/2015) |
| 03/30/2015 | 194 | MOTION to Adjourn Conference of April 13 by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 03/30/2015) |
| 04/02/2015 | ORDER granting 194 Motion to Adjourn Conference. IT IS HEREBY ORDERED that the request is granted and the telephone conference is now scheduled for Monday, April 27 at 4:30 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/2/2015. (Street, Caitlin) (Entered: 04/02/2015) | |
| 04/15/2015 | 195 | Letter by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Exhibit A) (Zabell, Saul) (Entered: 04/15/2015) |
| 04/15/2015 | 196 | Letter re July 6 is not a good date for anyone now by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 04/15/2015) |
| 04/15/2015 | 197 | Letter concerning Mr. Zabell’s misrepresentation to Judge Wexler concerning this case by William Allen Moore, Jr, Melissa Zarda (Attachments: # 1 Letter from Zabell to Wexler) (Antollino, Gregory) (Entered: 04/15/2015) |
| 04/21/2015 | 199 | Letter from March 28 with corrections by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 04/21/2015) |
| 04/24/2015 | 200 | Third MOTION in Limine regarding an additional exhibit and proposed demonstrative demonstration by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 04/24/2015) |
| 04/27/2015 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the telephone conference scheduled for today is adjourned to Thursday, April 30 at 2:30 PM. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/27/2015. (Street, Caitlin) (Entered: 04/27/2015) | |
| 04/30/2015 | 201 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 4/30/2015, ( Trial set for 7/27/2015 09:30 AM in Courtroom 1040 before Judge Joseph F. Bianco.) (Tape #ftr 2:42 – 3:02.) (Bollbach, Jean) (Entered: 04/30/2015) |
| 06/02/2015 | 202 | Letter requesting adjournment by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 06/02/2015) |
| 06/08/2015 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference Friday, June 12, 2015 at 4:00 p.m. to discuss defendants’ request for an adjournment of the trial. At that time, counsel for defendants shall initiate the call and, once all the parties are on the line, contact Chambers at 631-712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 6/8/2015. (Street, Caitlin) (Entered: 06/08/2015) | |
| 06/12/2015 | 203 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 6/12/2015, Defendant will provide letter from doctor. Trial set for 7/27/2015 is adjourned to 10/13/15. ( Jury Selection set for 10/13/2015 09:30 AM in Courtroom 1040 before Judge Joseph F. Bianco.) (Tape #ftr 4:05 – 4:15.) (Bollbach, Jean) (Entered: 06/15/2015) |
| 07/21/2015 | 206 | MOTION for pre motion conference re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, to reconsider based on new authority to which the court must grant deference by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1 Exhibit A Anonymous v. Foxx) (Antollino, Gregory) (Entered: 07/21/2015) |
| 07/24/2015 | 207 | RESPONSE in Opposition re 206 MOTION for pre motion conference re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, to reconsider based on new authority to which the court must grant deference filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 07/24/2015) |
| 07/24/2015 | 208 | REPLY in Support of pre-motion conference filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 07/24/2015) |
| 07/27/2015 | ORDER granting 206 Motion for Pre Motion Conference. IT IS HEREBY ORDERED that a telephone pre-motion conference is scheduled for Thursday, August 6 at 12:15 p.m. At that time, plaintiff’s counsel shall initiate the call, and, once all parties are on the line, shall telephone Chambers at 631-712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/27/2015. (Street, Caitlin) (Entered: 07/27/2015) | |
| 08/06/2015 | 209 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 8/6/2015; motion for reconsideration to be filed (Tape #ftr 12:27 – 12:37.) (Bollbach, Jean) (Entered: 08/06/2015) |
| 08/07/2015 | 210 | MOTION for Reconsideration re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 08/07/2015) |
| 08/07/2015 | 211 | MEMORANDUM in Support re 210 MOTION for Reconsideration re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 08/07/2015) |
| 08/21/2015 | 212 | RESPONSE in Opposition re 210 MOTION for Reconsideration re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, filed by Altitude Express, Inc., Ray Maynard. (Attachments: # 1 Declaration of SDZ, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Zabell, Saul) (Entered: 08/21/2015) |
| 08/24/2015 | 213 | REPLY to Response to Motion re 210 MOTION for Reconsideration re 145 Order on Motion for Partial Summary Judgment, Order on Motion to Strike,,,, filed by All Plaintiffs. (Cardinale, Richard) (Entered: 08/24/2015) |
| 09/22/2015 | 214 | Letter by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 09/22/2015) |
| 09/23/2015 | 215 | Motion to Appear by Telephone on Friday if possible to ascertain more information about the defendant’s condition by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 09/23/2015) |
| 09/24/2015 | ORDER granting 215 Motion to Appear by Telephone. IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Monday, September 28, 2015 at 11:30 a.m. At the time of the conference, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/24/2015. (Street, Caitlin) (Entered: 09/24/2015) | |
| 09/25/2015 | 216 | Letter by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 09/25/2015) |
| 09/25/2015 | 217 | Letter regarding withdraw of motion for conference unless otherwise requested by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 09/25/2015) |
| 09/25/2015 | SCHEDULING ORDER: In light of the parties’ letters filed today, IT IS HEREBY ORDERED that the telephone conference scheduled for Monday is cancelled. SO ORDERED. Ordered by Judge Joseph F. Bianco on 9/25/2015. (Street, Caitlin) (Entered: 09/25/2015) | |
| 09/29/2015 | 218 | Proposed Voir Dire by William Allen Moore, Jr, Melissa Zarda, TRIAL BRIEF regarding attorney voir dire by William Allen Moore, Jr, Melissa Zarda (Attachments: # 1Questionnaire/questions for the court) (Antollino, Gregory) (Entered: 09/29/2015) |
| 10/01/2015 | 219 | Proposed Jury Instructions by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/01/2015) |
| 10/02/2015 | 220 | Letter requesting a Certificate of Engagement by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Proposed Certificate of Engagement) (Zabell, Saul) (Entered: 10/02/2015) |
| 10/02/2015 | 222 | ORDER : certificate of engagement filed for Mr. Zabell for jury selection and trial commencing 10/13/15. Ordered by Judge Joseph F. Bianco on 10/2/2015. (Bollbach, Jean) (Entered: 10/06/2015) |
| 10/05/2015 | 221 | MOTION for Extension of Time to File document binder by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 10/05/2015) |
| 10/06/2015 | ORDER granting 221 Motion for Extension of Time to File The Court has received Plaintiff’s letter dated October 5, 2015. IT IS HEREBY ORDERED that Plaintiff’s request for an extension to provide an exhibit binder on October 7, 2015 is granted. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/6/2015. (Shea, Zoe) (Entered: 10/06/2015) | |
| 10/06/2015 | 223 | TRIAL BRIEF by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Declaration of Saul D. Zabell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Zabell, Saul) (Entered: 10/06/2015) |
| 10/06/2015 | 224 | Proposed Jury Instructions by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 10/06/2015) |
| 10/06/2015 | 225 | Letter with Defendants’ Proposed Trial Exhibits by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Exhibit List, # 2 Exhibit A(1), # 3 Exhibit A(2), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y) (Zabell, Saul) (Entered: 10/06/2015) |
| 10/06/2015 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Thursday, October 8, 2015 at 12:45 p.m. At the time of the conference, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712 5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 10/6/2015. (Shea, Zoe) (Entered: 10/06/2015) | |
| 10/07/2015 | 226 | Letter by Altitude Express, Inc., Ray Maynard (Attachments: # 1 Trial Subpoena – Kengle, # 2 Affidavit of Service – Kengle, # 3 Trial Subpoena – Orellana, # 4 Affidavit of Service – Orellana) (Zabell, Saul) (Entered: 10/07/2015) |
| 10/07/2015 | 227 | Letter regarding premature subpoenas on Kengle and Orellana by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/07/2015) |
| 10/08/2015 | 228 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Telephone Conference held on 10/8/2015 (Tape #ftr 1:44 – 2:01.) (Bollbach, Jean) (Entered: 10/08/2015) |
| 10/08/2015 | 229 | Proposed Jury Instructions by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/08/2015) |
| 10/10/2015 | 230 | Letter requesting attorney voir dire and specific question(s) regarding sexual orientation generally and as stated in the workplace by William Allen Moore, Jr, Melissa Zarda (Attachments: # 1 shortened voir dire, # 2 page from 10/4/12 conference) (Antollino, Gregory) (Entered: 10/10/2015) |
| 10/13/2015 | 231 | Minute Entry for proceedings held before Judge Joseph F. Bianco: Jury Selection held and completed on 10/13/2015, Voir Dire held on 10/13/2015, Voir Dire Completed; Jury Trial held on 10/13/2015, witnesses sworn, exhibits entered; plaintiff and deft opens ( Jury Trial set for 10/14/2015 09:30 AM in Courtroom 1020 before Judge Joseph F. Bianco.) (Court Reporter Owen Wicker.) (Bollbach, Jean) (Entered: 10/14/2015) |
| 10/14/2015 | 232 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Jury Trial held on 10/14/2015, witnesses sworn and exhibits entered( Jury Trial set for 10/15/2015 09:30 AM in Courtroom 1020 before Judge Joseph F. Bianco.) (Court Reporter Owen Wicker.) (Bollbach, Jean) (Entered: 10/15/2015) |
| 10/15/2015 | 236 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Jury Trial held on 10/15/2015, witnesses sworn, exhibits entered ( Jury Trial set for 10/19/2015 09:30 AM in Courtroom 1020 before Judge Joseph F. Bianco.) (Court Reporter Owen Wicker.) (Bollbach, Jean) (Entered: 10/19/2015) |
| 10/16/2015 | 233 | MOTION in Limine to admit portions of plaintiff’s declaration as exceptions to the hersay rule, MOTION for Sanctions in precluding three or at least one for failure to adequately identify witnesses before trial by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1 Exhibit 1 Plaintiff’s annotated declaration, # 2 Exhibit Defendant’s final amended initial disclosures, # 3 Exhibit 3 Defendant’s produced list of names and addresses of plaintiff’s co-workers) (Antollino, Gregory) (Entered: 10/16/2015) |
| 10/17/2015 | 234 | Proposed Findings of Fact by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/17/2015) |
| 10/19/2015 | 235 | RESPONSE in Opposition re 233 MOTION in Limine to admit portions of plaintiff’s declaration as exceptions to the hersay rule MOTION for Sanctions in precluding three or at least one for failure to adequately identify witnesses before trial filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 10/19/2015) |
| 10/19/2015 | 237 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Jury Trial held on 10/19/2015, witnesses sworn, exhibits entered ( Jury Trial set for 10/20/2015 09:30 AM in Courtroom 1020 before Judge Joseph F. Bianco.) (Court Reporter Ellen Combs and Owen Wicker.) (Bollbach, Jean) (Entered: 10/20/2015) |
| 10/20/2015 | 238 | Minute Entry for proceedings held before Judge Joseph F. Bianco:Jury Trial held on 10/20/2015, witnesses sworn, exhibits entered; plaintiff rests, deft rests( Jury Trial set for 10/21/2015 09:30 PM in Courtroom 1020 before Judge Joseph F. Bianco.) (Court Reporter Ellen Combs and Owen Wicker.) (Bollbach, Jean) (Entered: 10/20/2015) |
| 10/20/2015 | 239 | Letter regarding one additional jury instruction by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/20/2015) |
| 10/20/2015 | 240 | Proposed Jury Instructions by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 10/20/2015) |
| 10/20/2015 | 241 | Court’s Proposed Jury Instructions (Shea, Zoe) (Entered: 10/20/2015) |
| 10/20/2015 | 242 | Court’s Proposed Verdict Sheet (Shea, Zoe) (Entered: 10/20/2015) |
| 10/21/2015 | 243 | Minute Entry for proceedings held before Judge Joseph F. Bianco: jury trial held; plaintiff summation; deft summation, plaintiff rebuttal, jury trial ends, jury charged; deliberations begin; defts verdict.Jury Trial completed on 10/21/2015 (Court Reporter Ellen Combs and Owen Wicker.) (Bollbach, Jean) (Entered: 10/22/2015) |
| 10/21/2015 | 244 | Order of Sustenance/Lodging/Transportation – lunch 8 jurors. Ordered by Judge Joseph F. Bianco on 10/21/2015. (Bollbach, Jean) (Entered: 10/26/2015) |
| 10/21/2015 | 245 | JURY TRIAL COURT EXHIBITS 1-2, A-F (3 is verdict sheet which is separate) (Bollbach, Jean) (Entered: 10/26/2015) |
| 10/21/2015 | 246 | JURY VERDICT SHEET (Bollbach, Jean) (Entered: 10/26/2015) |
| 10/28/2015 | 247 | JUDGMENT : IT IS ORDERED AND ADJUDGED that the plaintiff, estate of Donald Zarda, take nothing of the defendants, Altitude Express Inc. and Raymond Maynard, and that the action be dismissed on the merits. (Bollbach, Jean)cm (Entered: 10/29/2015) |
| 11/17/2015 | 248 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/20/15, before Judge Joseph F. Bianco. Court Reporter/Transcriber E Combs. Email address: ellencombs@hotmail.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.File redaction request using event “Redaction Request – Transcript” located under “Other Filings – Other Documents”. Redaction Request due 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Combs, Ellen) (Entered: 11/17/2015) |
| 11/17/2015 | 249 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/21/15, before Judge Joseph F. Bianco. Court Reporter/Transcriber E Combs. Email address: ellencombs@hotmail.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.File redaction request using event “Redaction Request – Transcript” located under “Other Filings – Other Documents”. Redaction Request due 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Combs, Ellen) (Entered: 11/17/2015) |
| 11/17/2015 | 250 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/19/15, before Judge Joseph F. Bianco. Court Reporter/Transcriber E Combs. Email address: ellencombs@hotmail.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.File redaction request using event “Redaction Request – Transcript” located under “Other Filings – Other Documents”. Redaction Request due 12/8/2015. Redacted Transcript Deadline set for 12/18/2015. Release of Transcript Restriction set for 2/15/2016. (Combs, Ellen) (Entered: 11/17/2015) |
| 11/19/2015 | 251 | Order of Transportation. Ordered by Judge Joseph F. Bianco on 11/19/2015. (Bollbach, Jean) (Entered: 11/20/2015) |
| 11/20/2015 | 252 | NOTICE OF APPEAL as to 247 Judgment by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 11/20/2015) |
| 11/20/2015 | Electronic Index to Record on Appeal sent to US Court of Appeals. 252 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we’ll arrange for the document(s) to be made available to you. (Cox, Dwayne) (Entered: 11/20/2015) | |
| 11/20/2015 | APPEAL FILING FEE DUE re 252 Notice of Appeal Please either come to the clerks office or mail the filing fee in the amount of $505.00. (Cox, Dwayne) (Entered: 11/20/2015) | |
| 11/24/2015 | USCA Appeal Fees received $ 505 receipt number 19002 re 252 Notice of Appeal filed by William Allen Moore, Jr., Melissa Zarda (Shatinsky, Michael) (Entered: 11/24/2015) | |
| 12/09/2015 | 253 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/10/2014, before Judge Joseph F. Bianco. Transcriber Tracy Gribben Transcription LLC, Telephone number 732-263-0044. Email address: Tracy@tgribbentranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2015. Redacted Transcript Deadline set for 1/11/2016. Release of Transcript Restriction set for 3/8/2016. (Cox, Dwayne) (Entered: 12/09/2015) |
| 12/09/2015 | 254 | Mail Returned as Undeliverable. Mail sent to Gregory Antollino – receipt returned unable to forward (Bollbach, Jean) (Entered: 12/10/2015) |
| 12/10/2015 | 255 | NOTICE of Change of Address by Gregory S. Antollino (Antollino, Gregory) (Entered: 12/10/2015) |
| 02/26/2018 | 256 | CERTIFIED ORDER of USCA 15-3775 as to 252 Notice of Appeal filed by William Allen Moore, Jr., Melissa Zarda. We convened this rehearing en banc to consider whether Title VII prohibits discrimination on the basis of sexual orientation such that our precedents to the contrary should be overruled. We now hold that sexual orientation discrimination constitutes a form of discrimination because of… sex, in violation of Title VII, and overturn Simonton and Dawson v. Bumble & Bumble, 398 F.3d 211, 217-23 (2d Cir. 2005), to the extent they held otherwise. We therefore VACATE the district courts judgment on the Title VII claim and REMAND for further proceedings consistent with this opinion. We AFFIRM the judgment of the district court in all other respects. (Landow, Concetta) (Entered: 02/26/2018) |
| 03/19/2018 | 257 | MANDATE of USCA 15-3775 as to 252 Notice of Appeal filed by William Allen Moore, Jr., Melissa Zarda. IT IS HEREBY ORDERED, ADJUDGED and DECREED that, after en banc rehearing, the judgment of the district court on Zardas Title VII claim is VACATED and the case is MANDATE REMANDED for further proceedings consistent with this Courts opinion. The judgment of the district court is AFFIRMED in all other respects. (Landow, Concetta) (Main Document 257 replaced on 4/11/2018) (Landow, Concetta). (Entered: 03/20/2018) |
| 04/11/2018 | 258 | MOTION for pre motion conference regarding successor liabilty, MOTION for Discovery regarding successor liabilty by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1Exhibit SDLI, Inc. Website (1), # 2 Exhibit SDLI, Inc. Website (2)) (Antollino, Gregory) (Entered: 04/11/2018) |
| 04/12/2018 | 259 | RESPONSE in Opposition re 258 MOTION for pre motion conference regarding successor liabilty MOTION for Discovery regarding successor liabilty filed by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/12/2018) |
| 04/12/2018 | 260 | REPLY in Support re 259 Response in Opposition to Motion filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 04/12/2018) |
| 04/12/2018 | SCHEDULING ORDER: The Court has received the parties’ April 11, 2018 and April 12, 2018 letters. IT IS HEREBY ORDERED that the parties shall participate in a telephone conference with the Court on Monday, May 14, 2018, at 1:15 p.m. to discuss counsel for plaintiff’s request. At the time of the conference, counsel for plaintiff shall initiate the call and, once all parties are on the line, shall contact Chambers at (631) 712-5670. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/12/2018. (Kuhn, Alyssa) (Entered: 04/12/2018) | |
| 04/16/2018 | 261 | MOTION for Hearing by Altitude Express, Inc., Ray Maynard. (Zabell, Saul) (Entered: 04/16/2018) |
| 04/16/2018 | 262 | RESPONSE to Motion re 258 MOTION for pre motion conference regarding successor liabilty MOTION for Discovery regarding successor liabilty, 261 MOTION for Hearing filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 04/16/2018) |
| 04/18/2018 | ORDER granting in part and denying in part 261 Motion for Hearing. The Court has received (i) counsel for defendants’ April 16, 2018 letter requesting that the telephone conference scheduled for May 14, 2018 be converted to an in-person conference, and (ii) counsel for plaintiff’s April 16, 2018 letter opposing this request. IT IS HEREBY ORDERED that the request is granted in part and denied in part. Specifically, no party is required to appear in person. Counsel may appear in person or by telephone. If counsel appears by telephone, counsel shall follow the instructions set forth in the Court’s April 12, 2018 Scheduling Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/18/2018. (Kuhn, Alyssa) (Entered: 04/18/2018) | |
| 05/04/2018 | 263 | Letter re May 14 conference by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 05/04/2018) |
| 05/14/2018 | SCHEDULING ORDER: Due to a conflict in the Court’s calendar, IT IS HEREBY ORDERED that the conference scheduled for today, May 14, 2018, at 1:15 p.m. is rescheduled for Thursday, May 17, 2018, at 3:00 p.m. As with the conference scheduled for today, no party is required to appear in person. Counsel may appear in person or by telephone. If counsel appears by telephone, counsel shall follow the instructions set forth in the Court’s April 12, 2018 Scheduling Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/14/2018. (Kuhn, Alyssa) (Entered: 05/14/2018) | |
| 05/14/2018 | 264 | USCA Statement of Costs 15-3775 as to 252 Notice of Appeal filed by William Allen Moore, Jr. and Melissa Zarda. IT IS HEREBY ORDERED that costs are taxed in favor of the Appellants in the amount of $3,693.80. (Landow, Concetta) (Entered: 05/14/2018) |
| 05/17/2018 | SCHEDULING ORDER: IT IS HEREBY ORDERED that the telephone conference previously scheduled for earlier today is rescheduled for Monday, May 21, 2018, at 11:30 a.m. As with the conference scheduled for today, no party is required to appear in person. Counsel may appear in person or by telephone. If counsel appears by telephone, counsel shall follow the instructions set forth in the Court’s April 12, 2018 Scheduling Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 5/17/2018. (Kuhn, Alyssa) (Entered: 05/17/2018) | |
| 05/17/2018 | 265 | Letter regarding cancelled conference and upcoming conference on successor liability by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 05/17/2018) |
| 05/18/2018 | 266 | Letter in Response to Mr. Antollino’s May 17, 2018 Correspondence to the Court by Altitude Express, Inc., Ray Maynard (Zabell, Saul) (Entered: 05/18/2018) |
| 05/18/2018 | 267 | Letter in response to Zabell’s letter of May 18 by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 05/18/2018) |
| 05/21/2018 | ORDER. With respect to the issue discussed at today’s conference, the Court notes that New York Business Corporation Law Section 1006 provides that a dissolved corporation may participate in all court proceedings against it. Ordered by Judge Joseph F. Bianco on 5/21/2018. (Kuhn, Alyssa) (Entered: 05/21/2018) | |
| 06/12/2018 | 268 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/21/2018, before Judge Joseph F. Bianco. Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018. (Kanellopoulos, John) (Entered: 06/12/2018) |
| 09/14/2020 | 270 | MOTION for Disclosure on successor liability, MOTION to Enforce Judgment of Supreme Court costs and Circuit-awarded costs, MOTION to Reopen Case given the Supreme Court’s affirmance of the Circuit by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1 Declaration, # 2 Exhibit A-E COLLECTIVELY) (Antollino, Gregory) (Entered: 09/14/2020) |
| 09/15/2020 | Case randomly reassigned to Judge Sandra J. Feuerstein. Judge Joseph F. Bianco no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) (Entered: 09/15/2020) | |
| 10/14/2020 | Electronic ORDER granting 270 Motion to the extent that the case is reopened and a telephone status conference has been scheduled for 11/12/20 at 10:30 a.m. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. The parties are further directed to file a joint status letter regarding the posture of the case by 11/5/20. Ordered by Judge Sandra J. Feuerstein on 10/14/2020. (Disbrow, Sandra) (Entered: 10/14/2020) | |
| 11/05/2020 | 271 | STATUS REPORT (Joint Letter in advance of 11/12 conference) by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 11/05/2020) |
| 11/12/2020 | 272 | Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 11/12/2020: Plaintiff and defendant’s counsel present; Case called. OTHER: By November 16, 2020 at 5 pm, defendant is Ordered to divulge to the Court, for in camera review, the following: (1) the date Altitude Express was sold, (2) to whom Altitude Express was sold, and (3) all documents evidencing the sale of Altitude Express, including all sale documents. Further, a Conference is set for 12/02/2020 at 9:30 AM before Judge Sandra J. Feuerstein. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. (Cubano, Jazmin) (Entered: 11/12/2020) |
| 12/02/2020 | NOTICE of Hearing: Due to a change in the Court’s calendar the teleconference originally scheduled before Judge Feuerstein on 12/02/2020 at 9:30 AM is rescheduled at 12:30pm. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. (Morabito, Bryan) (Entered: 12/02/2020) | |
| 12/02/2020 | 274 | Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 12/2/2020: Plaintiff and defendants counsel present; Case called. OTHER: Plaintiff shall file and serve motion to amend compliant by 12/16/2020. Further telephone conference is set for 1/13/2021 at 11:00 AM before Judge Sandra J. Feuerstein. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. (Cubano, Jazmin) (Entered: 12/02/2020) |
| 12/07/2020 | 275 | STATUS REPORT and request for clarification by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 12/07/2020) |
| 12/07/2020 | 276 | Letter in Response to Mr. Antollino’s Request for Clarification [ECF Doc. No. 275] by Ray Maynard (Attachments: # 1 Exhibit 10-21-15 Jury Verdict Sheet) (Zabell, Saul) (Entered: 12/07/2020) |
| 12/07/2020 | 277 | REPLY in Support re 276 Letter, 275 Status Report re clarification filed by William Allen Moore, Jr, Melissa Zarda. (Antollino, Gregory) (Entered: 12/07/2020) |
| 12/08/2020 | ORDER: A Telephone Conference is set for 12/9/2020 at 11:30 AM before Judge Sandra J. Feuerstein to address ECF Nos. 275-277. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. Ordered by Judge Sandra J. Feuerstein on 12/8/2020. (Schiraldi, Patricia) Modified on 12/9/2020 to edit text(Cubano, Jazmin). (Entered: 12/08/2020) | |
| 12/09/2020 | 278 | Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 12/9/2020: Plaintiff and defendants counsel present; Case called. OTHER: Telephone conference is originally set for 1/13/2021 is rescheduled on 1/25/2020 at 9:30 am before Judge Sandra J. Feuerstein. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. (Cubano, Jazmin) (Entered: 12/09/2020) |
| 12/15/2020 | 279 | Second MOTION to Amend/Correct/Supplement 28 Amended Complaint by William Allen Moore, Jr, Melissa Zarda. (Attachments: # 1 proposed amendment) (Antollino, Gregory) (Entered: 12/15/2020) |
| 12/28/2020 | ORDER granting 279 Motion to Amend/Correct/Supplement: Plaintiff’s request to amend the Complaint a second time is granted as unopposed. Plaintiff shall file his Amended Complaint on or before January 4, 2021. So Ordered by Magistrate Judge Anne Y. Shields on 12/28/2020. (Minerva, Deanna) (Entered: 12/28/2020) | |
| 12/28/2020 | 280 | AMENDED COMPLAINT Second against Raymond Maynard, as Predecessor in Interestas the predecessor in interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc., filed by Melissa Zarda, William Allen Moore, Jr. (Antollino, Gregory) (Entered: 12/28/2020) |
| 12/28/2020 | 281 | Proposed Summons. Re 280 Amended Complaint by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 12/28/2020) |
| 12/28/2020 | 282 | Proposed Summons. Re 280 Amended Complaint by William Allen Moore, Jr, Melissa Zarda (Antollino, Gregory) (Entered: 12/28/2020) |
| 12/30/2020 | 283 | Summons Issued as to Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Cubano, Jazmin) (Entered: 12/30/2020) |
| 01/11/2021 | 284 | SUMMONS Returned Executed by Melissa Zarda, William Moore. Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.) served on 1/8/2021, answer due 1/29/2021; Raymond Maynard(Individually) served on 1/8/2021, answer due 1/29/2021. (Antollino, Gregory) (Entered: 01/11/2021) |
| 01/13/2021 | 285 | NOTICE of Appearance by Saul D. Zabell on behalf of Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually) (aty to be noticed) (Zabell, Saul) (Entered: 01/13/2021) |
| 01/25/2021 | 286 | Minute Entry for proceedings held before Judge Sandra J. Feuerstein: Status Conference held on 1/25/2021: Plaintiff and defendants counsel present; Case called. OTHER: Defendant to serve motion by 1/29/2021. Plaintiff to serve opposition by 2/26/2021. Defendant to serve reply and file a fully briefed motion with the Court by 3/9/2021. Telephone conference is scheduled on 7/13/2021 at 9:00 am before Judge Sandra J. Feuerstein. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. (Cubano, Jazmin) (Entered: 01/25/2021) |
| 01/25/2021 | 287 | Letter re a limited cross motion to be served with the opposition to the defendants’ motion to dismiss by William Moore, Melissa Zarda (Antollino, Gregory) (Entered: 01/25/2021) |
| 01/29/2021 | 288 | NOTICE of Appearance by Ryan Thomas Biesenbach on behalf of Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually) (aty to be noticed) (Biesenbach, Ryan) (Entered: 01/29/2021) |
| 01/29/2021 | 289 | Letter to Plaintiffs’ counsel re: Defendant’s Motion Pursuant to Fed. R. Civ. P. 12(b)(6) by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually) (Zabell, Saul) (Entered: 01/29/2021) |
| 03/01/2021 | 290 | First MOTION for Extension of Time to File Response/Reply until March 1, 2021 by William Moore, Melissa Zarda. (Antollino, Gregory) (Entered: 03/01/2021) |
| 03/05/2021 | 291 | ORDER granting 290 Motion for Extension of Time to File Response/Reply until March 1, 2021. Ordered by Judge Sandra J. Feuerstein on 3/5/2021. (Florio, Lisa) (Entered: 03/05/2021) |
| 03/09/2021 | 292 | MOTION to Dismiss for Failure to State a Claim by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Attachments: # 1 Memorandum of Law, # 2 Declaration of Saul D. Zabell, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F) (Zabell, Saul) (Entered: 03/09/2021) |
| 03/09/2021 | 293 | RESPONSE in Opposition re 292 MOTION to Dismiss for Failure to State a Claim filed by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Zabell, Saul) (Entered: 03/09/2021) |
| 03/09/2021 | 294 | REPLY in Support re 292 MOTION to Dismiss for Failure to State a Claim filed by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Attachments: # 1 Declaration of Saul D. Zabell, # 2 Exhibit G, # 3 Exhibit H) (Zabell, Saul) (Entered: 03/09/2021) |
| 03/09/2021 | 295 | MOTION to Enforce Judgment of Circuit and Supreme Court, MOTION for Sanctions for willfully refusing to pay said judgements by William Moore, Melissa Zarda. (Antollino, Gregory) (Entered: 03/09/2021) |
| 03/09/2021 | 296 | AFFIDAVIT/DECLARATION in Support re 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions for willfully refusing to pay said judgements filed by William Moore, Melissa Zarda. (Attachments: # 1 Exhibit A Circuit Costs Petition, # 2 Exhibit B Circuit Costs Opposition, # 3 Exhibit C Circuit Mandate with costs to appellants, # 4 Exhibit D Supreme Court Judgment with costs, # 5 LETTER RE EXHIBITS E AND F) (Antollino, Gregory) (Entered: 03/09/2021) |
| 03/09/2021 | 297 | MEMORANDUM in Support re 296 Affidavit in Support of Motion, 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions for willfully refusing to pay said judgements filed by William Moore, Melissa Zarda. (Antollino, Gregory) (Entered: 03/09/2021) |
| 03/09/2021 | 298 | AFFIDAVIT/DECLARATION in Opposition re 292 MOTION to Dismiss for Failure to State a Claim filed by William Moore, Melissa Zarda. (Attachments: # 1 Exhibit A Reply Brief in support of certiorari – see pp 2-6, # 2 Exhibit B portion of trial transcript) (Antollino, Gregory) (Entered: 03/09/2021) |
| 03/09/2021 | 299 | AFFIDAVIT/DECLARATION in Support re 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions for willfully refusing to pay said judgements Exhibits E & F only filed by William Moore, Melissa Zarda. (Attachments: # 1 Exhibit E Brief in opposition to certiorari focusing on the corporate issues, # 2 Exhibit F Reply Brief in support of certiorari responding to corporate/individual issues) (Antollino, Gregory) (Entered: 03/09/2021) |
| 03/10/2021 | 300 | RESPONSE in Opposition re 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions for willfully refusing to pay said judgements filed by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Zabell, Saul) (Entered: 03/10/2021) |
| 05/03/2021 | 301 | NOTICE regarding Administrative Order No. 2021-08 In Re: Matter of Cases Previously Assigned to the Honorable Sandra J. Feuerstein. As set forth in Admin. Order No. 2021-08, the duty to respond to the order is mandatory. Each party must indicate their intent by completing the attached Election Form and returning it to the Clerk’s Office within thirty (30) days of the date of the order. In the case of a newly added party, such party has thirty days from the date of appearance in the case in which to return their election form. Election Forms are NOT to be filed via ECF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722.CF. They are to be sent to the Clerk of Court via email to consent@nyed.uscourts.gov or via United States mail to: United States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, New York 11722. (Florio, Lisa) (Entered: 05/03/2021) |
| 05/04/2021 | Set/Reset Hearings: Status Conference set for 5/10/2021 at 10:30 AM before Magistrate Judge Anne Y. Shields. The parties are directed to call the ATT teleconferencing center at (877) 810-9415 and to enter Access Code 9005911 when prompted. So Ordered by Magistrate Judge Anne Y. Shields. (Torres, Jasmine) (Entered: 05/04/2021) | |
| 05/10/2021 | Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields: Telephone Conference held on 5/10/2021 (Torres, Jasmine) (Entered: 05/11/2021) | |
| 06/11/2021 | NOTICE: Whereas one or more parties does not consent to jurisdiction by a Magistrate Judge for all purposes. Pursuant to 28 U.S.C. § 636(c)(1), this case will be randomly assigned to a District Judge and will remain referred to Magistrate Judge Anne Y. Shields for all pretrial, non-dispositive matters. (Florio, Lisa) (Entered: 06/11/2021) | |
| 06/11/2021 | Case randomly reassigned to Judge Eric R. Komitee. Judge Sandra J. Feuerstein no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Florio, Lisa) (Entered: 06/11/2021) | |
| 06/11/2021 | 302 | Letter by Gregory Antollino to Judge Anne Y. Shields re new pertinent authority by William Moore, Melissa Zarda (Attachments: # 1 Exhibit San Antonio Decision) (Antollino, Gregory) (Entered: 06/11/2021) (Entered: 06/11/2021) |
| 06/21/2021 | SCHEDULING ORDER — The telephone conference scheduled for July 13, 2021, at 9:00 a.m. is adjourned without date. Ordered by Judge Eric R. Komitee on 6/21/2021. (Guy, Alicia) (Entered: 06/21/2021) | |
| 11/14/2021 | 303 | NOTICE of Change of Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Antollino, Gregory) (Entered: 11/14/2021) |
| 12/02/2021 | ORDER Setting Hearing on Motion 292 MOTION to Dismiss for Failure to State a Claim , 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions for willfully refusing to pay said judgements — Oral Argument will be held on January 27, 2022, at 10:00 a.m. in person in Courtroom 6G North on the 6th floor of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Judge Eric R. Komitee on 12/2/2021. (Guy, Alicia) (Entered: 12/02/2021) | |
| 01/19/2022 | SCHEDULING ORDER — The in-person oral argument scheduled for January 27, 2022, at 10:00 a.m., is converted to telephone. The parties are directed to call 888-808-6929 five minutes before the scheduled start of the conference and use access code 564-7824. Ordered by Judge Eric R. Komitee on 1/19/2022. (Guy, Alicia) (Entered: 01/19/2022) | |
| 01/27/2022 | 304 | Minute Entry for proceedings held before Judge Eric R. Komitee: Hearing held on 1/27/2022 re 292 MOTION to Dismiss for Failure to State a Claim, 295 MOTION to Enforce Judgment of Circuit and Supreme Court MOTION for Sanctions. Discussion held. Decision reserved. As discussed, the parties shall submit post-hearing briefs as follows: Plaintiffs’ brief by February 4, 2022; and Defendants’ brief by February 11, 2022. The parties’ submissions shall not exceed twenty-five pages. (Electronically recorded.) (Guy, Alicia) (Entered: 01/27/2022) |
| 01/28/2022 | 305 | MOTION to Amend/Correct/Supplement briefing schedule as contemplated at oral argument of 1/28/22, MOTION for Leave to File Document Letter motion suggesting mootness and clarifying plaintiffs’ position going forward in lieu of briefing issues discussed at oral argument by William Moore, Melissa Zarda. (Attachments: # 1 Exhibit A) Second Circuit Notice of Appearance for Altitude Express and Raymond Maynard, # 2 Exhibit B) Portion of Zarda Brief in Opposition to Certiorari, # 3 Exhibit C) Portion of Maynard/Altitude Express Reply explaining why Maynard is a party) (Antollino, Gregory) (Entered: 01/28/2022) |
| 02/03/2022 | 306 | MOTION for Extension of Time to File by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually). (Zabell, Saul) (Entered: 02/03/2022) |
| 02/03/2022 | ORDER granting 306 Motion for Extension of Time to File. Defendants’ request is granted on consent. Defendants shall file their post-hearing brief no later than February 18, 2022. Ordered by Judge Eric R. Komitee on 2/3/2022. (Iseman, Eugenie) (Entered: 02/03/2022) | |
| 02/11/2022 | 307 | REPLY to Response to Motion re 305 MOTION to Amend/Correct/Supplement briefing schedule as contemplated at oral argument of 1/28/22 MOTION for Leave to File Document Letter motion suggesting mootness and clarifying plaintiffs’ position going forward in lieu of briefing issues discussed at oral argument filed by All Defendants. (Zabell, Saul) (Entered: 02/11/2022) |
| 02/14/2022 | ORDER re 305 Motion to Amend/Correct/Supplement; re 305 Motion for Leave to File; re 307 REPLY to Response to Motion — No later than February 28, 2022, the Parties shall file a stipulation of dismissal. Ordered by Judge Eric R. Komitee on 2/14/2022. (Guy, Alicia) (Entered: 02/14/2022) | |
| 02/21/2022 | 308 | First MOTION for Extension of Time to File stipulation of Settlement by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.). (Zabell, Saul) (Entered: 02/21/2022) |
| 02/23/2022 | ORDER granting in part 308 Motion for Extension of Time to File — The parties’ request is granted in part. The parties shall file a stipulation of dismissal on or before March 14, 2022; otherwise, they shall submit post-hearing briefs as follows: Plaintiffs’ brief by March 18, 2022; and Defendants’ brief by March 25, 2022. Ordered by Judge Eric R. Komitee on 2/23/2022. (Guy, Alicia) (Entered: 02/23/2022) | |
| 03/11/2022 | 309 | STIPULATION of Dismissal by Raymond Maynard(as Predecessor in Interest, the sole shareholder and Alter Ego to ALTITUDE EXPRESS, Inc.), Raymond Maynard(Individually) (Zabell, Saul) (Entered: 03/11/2022) |
| 03/11/2022 | Civil Case Terminated. (Guy, Alicia) (Entered: 03/11/2022) |
Last updated 04/21/2022
Reconciled with online docket 04/09/2022