New York Southern District Court, Case No. 1:08-cv-04899-JGK:
Behringer v. Lavelle School for the Blind et al

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No Logo Eleanor Behringer, Plaintiff

Kenneth Andrew Goldberg
Phone: +1 212 983 1077
Fax: +1 212 973 9577
E-Mail: kgldbrg@aol.com

v.
No Logo Frank Simpson, Defendant

No attorney information is available for this party.

Jean Young Park
Kelley Drye & Warren, LLP
Phone: +1 212 808 7800
E-Mail: jpark@kelleydrye.com

No Logo Lavelle School for the Blind, Defendant

Jean Young Park
Kelley Drye & Warren, LLP
Phone: +1 212 808 7800
E-Mail: jpark@kelleydrye.com

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Office Foley Square
Filed 5/28/2008
Jury Demand Plaintiff
Demand
Nature of Suit 442 - Civil Rights: Jobs
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition
County XX Out of State
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag ECF
PACER 81
PACER 83
PDF 82
PACER 80
 -- Filed: 5/28/2008, Entered: 5/29/2008 Summons Issued
SUMMONS ISSUED as to Lavelle School for the Blind, Frank Simpson. (laq)
 -- Filed: 5/28/2008, Entered: 5/29/2008 Case Designation
Magistrate Judge Theodore H. Katz is so designated. (laq)
 -- Filed: 5/28/2008, Entered: 5/29/2008 Case Designated ECF.
Case Designated ECF. (laq)
PDF 1 Filed: 5/28/2008, Entered: 5/29/2008 Complaint
COMPLAINT against Lavelle School for the Blind, Frank Simpson. (Filing Fee $ 350.00, Receipt Number 652502)Document filed by Eleanor Behringer.(laq)
PDF 2 Filed: 7/2/2008, Entered: 7/2/2008 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE. Lavelle School for the Blind served on 6/24/2008, answer due 7/14/2008. Service was accepted by Maureen Lizarazo, Administrative Assistant. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PDF 3 Filed: 7/2/2008, Entered: 7/2/2008 Affidavit of Service Complaints
AFFIDAVIT OF SERVICE. Frank Simpson served on 6/24/2008, answer due 7/14/2008. Service was accepted by Maureen Lizarazo. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PDF 4 Filed: 7/14/2008, Entered: 7/14/2008 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lavelle School for the Blind.(Park, Jean)
PDF 5 Filed: 7/14/2008, Entered: 7/14/2008 Answer to Complaint
ANSWER to Complaint. Document filed by Lavelle School for the Blind, Frank Simpson.(Park, Jean)
PDF 6 Filed: 7/24/2008, Entered: 7/24/2008 Scheduling Order Court Filing
SCHEDULING ORDER: Amended Pleadings due by 10/17/2008. Joinder of Parties due by 10/3/2008. Dispositive motions due by 2/23/2009. Discovery due by 1/23/2009. Status Report due by 8/22/2008. Joint Pretrial Order and motions in limine due by 3/16/2009. Ready for Trial by 3/31/2009 The estimated trial 5 days, and this a jury trial. (Signed by Judge John G. Koeltl on 7/23/2008) (jpo)
PACER 7 Filed: 1/12/2009, Entered: 1/12/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Kenneth A. Goldberg dated 1/12/2009 re: Counsel for plaintiff writes to advise the Court that the parties have agreed to extend the the discovery period by 30 days, from 1/23/2009 to 2/23/2009. It is counsel's understanding that the 30 day extension will extend the remaining dates as follows: (1) dispositive motions, 3/25/2009; (2) joint pretrial order, 4/15/2009; (3) trial on 48 hours notice on or after 4/30/2009. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 1/12/2009) (tve)
PACER 8 Filed: 3/16/2009, Entered: 3/16/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Park dated 3/13/09 re: Request for a 60 day extension of the discovery to 4/23/09 and as further set forth in this document. ENDORSEMENT: Application granted. No further extensions except supported by an affidavit showing good cause. ( Fact Discovery due by 4/23/2009. Motions due by 5/25/2009. Pretrial Order/Motions in Limine due by 6/29/2009. Ready for Trial by 7/16/2009.) (Signed by Judge John G. Koeltl on 3/16/09) (cd)
PACER 9 Filed: 4/9/2009, Entered: 4/9/2009 Order Referring Case to Magistrate Judge Court Filing
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge John G. Koeltl on 4/9/09) (js)
PACER 10 Filed: 5/5/2009, Entered: 5/6/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jean Park dated 4/23/09 re: counsel for defendants requests that the discovery schedule be revised as follows: last day for parties to complete fact discovery 6/23/09; dispositive motions to be completed by 7/24/09; pretrial order/motions in limine to be completed by 8/28/09; trial ready 9/16/09. ENDORSEMENT: The discovery deadline is extended to 6/23/09. No dispositive motions shall be filed without first seeking a pre-motion conference with Judge Koeltl. So Ordered., ( Discovery due by 6/23/2009.) (Signed by Magistrate Judge Theodore H. Katz on 5/5/09) (dle)
PACER 11 Filed: 7/7/2009, Entered: 7/7/2009 Transcript Court Filing
TRANSCRIPT of proceedings held on May 15, 2009 before Magistrate Judge Theodore H. Katz. (mro)
PACER 12 Filed: 8/11/2009, Entered: 8/11/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Kenneth A. Goldberg dated 8/10/09 re: Counsel for Plaintiff submit that the Court should deny Defendants' request to extend deadlines for discovery and dispositive motion practice. ENDORSEMENT: The scheduling dispute is referred to Magistrate Judge Katz. (Signed by Judge John G. Koeltl on 8/10/09) (tro)
PACER 13 Filed: 8/14/2009, Entered: 8/14/2009 Scheduling Order Court Filing
AMENDED SCHEDULING ORDER: Motions due by 10/30/2009, Responses due by 11/30/2009 Replies due by 12/11/2009, Deposition due by 10/2/2009. SO ORDERED. (Signed by Magistrate Judge Theodore H. Katz on 8/14/2009) (jmi)
PACER 14 Filed: 10/13/2009, Entered: 10/13/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Kenneth Goldberg dated 10/1/09 re: Request that the Court approve the completion of discovery by 11/30/09. ENDORSEMENT: By no later than 12/2/09 the parties shall seek a premotion conference with Judge Koeltl. ( Discovery due by 11/30/2009.) (Signed by Magistrate Judge Theodore H. Katz on 10/13/09) (cd)
PACER 15 Filed: 10/30/2009, Entered: 11/2/2009 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Jean Y. Park dated 10/28/09 re: Counsel requests that the Defendants be afforded an additional seven hours beyond those seven hours provided to them as a matter of right. ENDORSEMENT: Defendants will be permitted an additional five hours of dispositive time beyond the seven hours allowed under the Federal Rules. (Signed by Magistrate Judge Theodore H. Katz on 10/30/09) (djc)
PACER 16 Filed: 11/30/2009, Entered: 11/30/2009 Endorsed Letter Court Filing
ENDORSED LETTER: addressed to Magistrate Judge Theodore H. katz from Jean Y. Park dated 11/25/09 re: Counsel for defendant request a final extension of time to complete discovery. ENDORSEMENT: The discovery deadline is extended to February 1, 2010. There will be no further extensions. So Ordered., ( Discovery due by 2/1/2010.) (Signed by Magistrate Judge Theodore H. Katz on 11/30/09) (js)
PACER 17 Filed: 2/17/2010, Entered: 2/18/2010 Notice of Hearing
NOTICE OF COURT CONFERENCE: To All Parties, You are directed to appear for a pretrial conference, to be held on Monday, March 22, 2010 in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (jfe)
PACER 18 Filed: 3/23/2010, Entered: 3/23/2010 Order Court Filing
ORDER: The defendants' motion for summary judgment is due on 4/16/2010. The plaintiff's response is due 5/7/2010. The defendants' reply is due 5/21/2010. (Signed by Judge John G. Koeltl on 3/22/2010) (tro)
PACER 19 Filed: 4/12/2010, Entered: 4/12/2010 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean V. Park dated 4/12/10 re: counsel for defendants requests respectfully write to request a 1-week extension of time in which to file Defendants motion for summary judgment. However, if the Court grants this extension, plaintiffs counsel has requested a Commensurate 1-week extension of time. The revised briefing schedule would he as follows: April 23, 2010: Deadline for Defendants' motion, May 21, 2010: Deadline for Plaintiffs opposition, June 4, 2010: Deadline for Defendants' reply. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 4/12/10) (pl) Modified on 4/12/2010 (pl).
PACER 25 Filed: 4/23/2010, Entered: 4/23/2010 Affidavit in Support of Motion
AFFIDAVIT of TERESA WELSH in Support re: [20] MOTION for Summary Judgment., [22] MOTION for Summary Judgment WIER AFFIDAVIT., [21] MOTION for Summary Judgment Park Declaration.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit)(Park, Jean)
PACER 21 Filed: 4/23/2010, Entered: 4/23/2010 Motion for Summary Judgment
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Declaration) - MOTION for Summary Judgment Park Declaration. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit, # (14) Exhibit, # (15) Exhibit, # (16) Exhibit, # (17) Exhibit, # (18) Exhibit, # (19) Exhibit, # (20) Exhibit, # (21) Exhibit, # (22) Exhibit, # (23) Exhibit, # (24) Exhibit, # (25) Exhibit, # (26) Exhibit, # (27) Exhibit, # (28) Exhibit, # (29) Exhibit, # (30) Exhibit, # (31) Exhibit, # (32) Exhibit, # (33) Exhibit, # (34) Exhibit, # (35) Exhibit, # (36) Exhibit, # (37) Exhibit)(Park, Jean) Modified on 4/26/2010 (jar).
PACER 23 Filed: 4/23/2010, Entered: 4/23/2010 Affidavit in Support of Motion
AFFIDAVIT of W. F. SIMPSON in Support re: [20] MOTION for Summary Judgment., [22] MOTION for Summary Judgment WIER AFFIDAVIT., [21] MOTION for Summary Judgment Park Declaration.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit)(Park, Jean)
PDF 27 Filed: 4/23/2010, Entered: 4/23/2010 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [20] MOTION for Summary Judgment., [22] MOTION for Summary Judgment WIER AFFIDAVIT., [21] MOTION for Summary Judgment Park Declaration.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 20 Filed: 4/23/2010, Entered: 4/23/2010 Motion for Summary Judgment
MOTION for Summary Judgment. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit 56.1 Statement)(Park, Jean)
PACER 22 Filed: 4/23/2010, Entered: 4/23/2010 Motion for Summary Judgment
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (AFFIDAVIT) - MOTION for Summary Judgment WIER AFFIDAVIT. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Park, Jean) Modified on 4/26/2010 (jar).
PACER 24 Filed: 4/23/2010, Entered: 4/23/2010 Affidavit in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of KAREN GERWECK in Support re: [20] MOTION for Summary Judgment., [22] MOTION for Summary Judgment WIER AFFIDAVIT., [21] MOTION for Summary Judgment Park Declaration.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean) Modified on 4/26/2010 (jar).
PACER 26 Filed: 4/23/2010, Entered: 4/23/2010 Declaration in Support of Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of ELLEN TRIEF in Support re: [20] MOTION for Summary Judgment., [22] MOTION for Summary Judgment WIER AFFIDAVIT., [21] MOTION for Summary Judgment Park Declaration.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean) Modified on 4/26/2010 (jar).
PDF 29 Filed: 4/26/2010, Entered: 4/26/2010 Declaration in Support of Motion
DECLARATION of Jean Y. Park in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2 (1 of 3), # (3) Exhibit 2 (2 of 3), # (4) Exhibit 2 (3 of 3), # (5) Exhibit 3, # (6) Exhibit 4, # (7) Exhibit 5, # (8) Exhibit 6, # (9) Exhibit 7, # (10) Exhibit 8, # (11) Exhibit 9, # (12) Exhibit 10, # (13) Exhibit 11, # (14) Exhibit 12, # (15) Exhibit 13, # (16) Exhibit 14, # (17) Exhibit 15, # (18) Exhibit 16, # (19) Exhibit 17, # (20) Exhibit 18, # (21) Exhibit 19, # (22) Exhibit 20, # (23) Exhibit 21, # (24) Exhibit 22, # (25) Exhibit 23, # (26) Exhibit 24, # (27) Exhibit 25, # (28) Exhibit 26, # (29) Exhibit 27, # (30) Exhibit 28, # (31) Exhibit 29, # (32) Exhibit 30, # (33) Exhibit 31, # (34) Exhibit 32, # (35) Exhibit 33, # (36) Exhibit 34, # (37) Exhibit 35)(Park, Jean)
PACER 31 Filed: 4/26/2010, Entered: 4/26/2010 Affidavit in Support of Motion
AFFIDAVIT of Karen Gerweck in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PDF 32 Filed: 4/26/2010, Entered: 4/26/2010 Declaration in Support of Motion
DECLARATION of Ellen Trief in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PDF 28 Filed: 4/26/2010, Entered: 4/26/2010 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 30 Filed: 4/26/2010, Entered: 4/26/2010 Affidavit in Support of Motion
AFFIDAVIT of Gary Wier in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Park, Jean)
PDF 33 Filed: 5/17/2010, Entered: 5/17/2010 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Y. Park dated 5/17/2010 re: The revised briefing schedule would be as follows: Revised deadline for Plaintiff's opposition due on May 25, 2010 and the revised deadline for Defendants' reply is due June 11, 2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 5/17/2010) (jpo)
PDF 34 Filed: 5/17/2010, Entered: 5/17/2010 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Kenneth A. Goldberg dated 5/17/2010 re: Requesting two day extension to to file opposition papers to Defendants' motion for summary judgment and requesting permission to file Plaintiff's exhibits in hard copy. ENDORSEMENT: Application granted. Courtesy copies should be filed by the movant when the motion is fully briefed. (Signed by Judge John G. Koeltl on 5/17/2010) (jpo)
PACER 39 Filed: 5/25/2010, Entered: 5/25/2010 Affidavit in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Karen Gerweck in Opposition re: [20] MOTION for Summary Judgment. Document filed by Eleanor Behringer. (Goldberg, Kenneth) Modified on 5/27/2010 (jar).
PACER 35 Filed: 5/25/2010, Entered: 5/25/2010 Declaration in Opposition to Motion
DECLARATION of Kenneth A. Goldberg in Opposition re: [20] MOTION for Summary Judgment.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PDF 37 Filed: 5/25/2010, Entered: 5/25/2010 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [20] MOTION for Summary Judgment.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PACER 36 Filed: 5/25/2010, Entered: 5/25/2010 Affidavit of Service Other
AFFIDAVIT OF SERVICE of Certification Of Plaintiffs Counsel Kenneth A. Goldberg In Opposition To Defendants Motion For Summary Judgment (with exhibits) served on Kelley, Drye & Warren LLP on May 25, 2010. Service was accepted by Kelley, Drye. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PACER 38 Filed: 5/25/2010, Entered: 5/25/2010 Affidavit in Opposition to Motion
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Eleanor "Ronnie" Behringer in Opposition re: [20] MOTION for Summary Judgment.. Document filed by Eleanor Behringer. (Goldberg, Kenneth) Modified on 5/27/2010 (jar).
PDF 40 Filed: 5/25/2010, Entered: 5/25/2010 Counter Statement to Rule 56.1
COUNTER STATEMENT TO [28] Rule 56.1 Statement. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PACER 41 Filed: 5/26/2010, Entered: 5/26/2010 Exhibit
EXHIBITS A-G (attached to Certification of Plaintiff's counsel Kenneth A. Goldberg in opposition to defendants' Motion for Summary Judgment). Document filed by Eleanor Behringer. ***Accepted for filing by the Honorable John G. Koeltl on 5/17/10, document number 34.(mro)
PACER 42 Filed: 5/26/2010, Entered: 5/26/2010 Exhibit
EXHIBITS H-Q (attached to Certification of Plaintiff's counsel Kenneth A. Goldberg in opposition to defendants' Motion for Summary Judgment). Document filed by Eleanor Behringer. ***Accepted for filing by the Honorable John G. Koeltl on 5/17/10, document number 34.(mro)
PACER 43 Filed: 5/27/2010, Entered: 5/27/2010 Affidavit in Opposition to Motion
AFFIDAVIT of ELEANOR (RONNIE) BEHRINGER in Opposition re: [20] MOTION for Summary Judgment.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PACER 44 Filed: 5/27/2010, Entered: 5/27/2010 Affidavit in Opposition to Motion
AFFIDAVIT of KAREN GERWECK in Opposition re: [20] MOTION for Summary Judgment.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PACER 45 Filed: 6/10/2010, Entered: 6/10/2010 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Y. Park dated 6/9/2010 re: Counsel request a 1 day extension of time to file defendants' reply papers in connection with their motion for summary judgment until 6/14/2010. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 6/9/2010) (jfe)
PACER 47 Filed: 6/14/2010, Entered: 6/14/2010 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Simpson in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Affidavit Exhibit 1, # (2) Affidavit Exhibit 2, # (3) Affidavit Exhibit 3, # (4) Affidavit Exhibit 4, # (5) Affidavit Exhibit 5)(Park, Jean)
PDF 46 Filed: 6/14/2010, Entered: 6/14/2010 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [20] MOTION for Summary Judgment.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 48 Filed: 11/22/2010, Entered: 11/23/2010 Order Court Filing
NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s}, to be held on Thursday, December 2, 2010 at 10:00 am in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0l07. (Oral Argument set for 12/2/2010 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl) (Signed by Don Fletcher, Courtroom Case Manager on 11/22/2010) (lnl)
PACER 49 Filed: 12/1/2010, Entered: 12/1/2010 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Y. Park dated 11/30/10 re: Counsel for the defendant writes on behalf of both parties to request the currently scheduled December 2, 2010 oral argument on Defendants' motion to dismiss and/or summary judgment be adjourned to December 9, 2010 at 2:30 p.m. ENDORSEMENT: Application granted. So ordered.( Oral Argument set for 12/9/2010 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 11/30/10) (mro)
PDF 51 Filed: 12/17/2010, Entered: 12/20/2010 Memorandum & Opinion Court Filing
MEMORANDUM OPINION AND ORDER, #99768 the defendants' motion for summary judgment is granted on the plaintiff's ADA, NYSHRL, and NYCHRL retaliation claims, because the plaintiff agreed to withdraw those claims and on the plaintiff's ADA, NYSHRL, and NYCHRL hostile work environment claims, all of which are dismissed, and on any claim of interference with the plaintiff's rights under the FMLA which is withdrawn. The defendants' motion for summary judgment is denied on all other claims. The Clerk of the Court is directed to close docket No. 20. SO ORDERED. (Signed by Judge John G. Koeltl on 12/17/2010) (lnl) Modified on 12/23/2010 (ajc).
PACER 50 Filed: 12/20/2010, Entered: 12/20/2010 Order Court Filing
ORDER: The parties' joint pretrial order, requests to charge, proposed voir dire, and any motions in limine shall be filed by January 17, 2011. Responses to any motions in limine shall be filed by January 24, 2011. The parties shall be ready for trial on 48 hours' notice as of January 28, 2011. SO ORDERED. (Motions due by 1/17/2011. Responses due by 1/24/2011. Ready for Trial by 1/28/2011) (Signed by Judge John G. Koeltl on 12/17/2010) (lnl)
PACER 52 Filed: 1/3/2011, Entered: 1/3/2011 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Kenneth A. Goldberg, dated 12/30/2010, re: We represent the Plaintiff in the above matter. I write to advise Your Honor of a scheduling conflict with the trial of this matter. According to Your Honor's Order filed on December 20, 2010, "[t]be parties shall be ready for trial on 48 hours' notice as of January 28, 2011." (Civil Docket, Document 50). However, I am scheduled to begin a trial in the Eastern District before the Honorable Frederic Block on January 31, 2011, in the matter entitled Locicero v. New York City Transit Authority, 06 Civ. 4793 (FB (JO). The Locicero trial date was set on November 30, 2010 and Judge Block has confirmed that it is a firm trial date. The pre-trial conference in Locicero is scheduled for January 14 and we fully expect to proceed with the Locicero trial as scheduled. At present, we believe that the Locicero trial will require at least one week and could possibly run into a second week because of the expected number of trial witnesses. We provide Your Honor with this information so that the Court may address the scheduling conflict between the Locicero trial and the potential start of the trial of this matter. Given the above, and since we are currently preparing pre-trial materials for Locicero as well as preparing for trial in that matter, and because of other matters currently scheduled in January 2011, we also respectfully request a brief extension of the due date for pre-trial materials in this matter from January 17, 2011 to January 31, 2011. This is the first request of this kind. ENDORSEMENT: 1. Pre-Trial Submissions due 1/31/2011. 2. Ready Trial Date, 48 hours notice, adjourned to 2/11/11. SO ORDERED. (Ready for Trial by 2/11/2011) (Signed by Judge John G. Koeltl on 1/3/2011) (lnl)
PDF 53 Filed: 1/24/2011, Entered: 1/24/2011 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Y. Park, dated 1/24/2011, re: We represent Defendants in the above-referenced action, which is currently scheduled to proceed to trial on February 11, 2011 on 48 hours' notice. We write, with plaintiff's consent, to request an extension of this trial ready date to March 4, 2011, and a commensurate extension of pre-trial submission due dates from January 31, 2011 to February 21, 2011. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 1/24/2011) (lnl)
PDF 54 Filed: 2/18/2011, Entered: 2/18/2011 Endorsed Letter Court Filing
ENDORSED LETTER addressed to Judge John G. Koeltl from Jean Y. Park, dated 2/17/2011, re: Counsel for Defendants writes to request a second, 2-week extension of this trial ready date to March 21, 2011. Plaintiff objects to this request. ENDORSEMENT: 1. Pre-Trial submissions due 3/11/11. 2. Ready-Trial date, 48 hours notice adjourned to 4/6/11. So Ordered. (Ready for Trial by 4/6/2011) (Signed by Judge John G. Koeltl on 2/17/2011) (lnl)
PACER 55 Filed: 3/10/2011, Entered: 3/10/2011 Transcript Court Filing
TRANSCRIPT of proceedings held on 12/9/2010 before Judge John G. Koeltl. (ab)
PACER 56 Filed: 3/10/2011, Entered: 3/10/2011 Endorsed Letter Court Filing
ENDORSED LETTER: addressed to Judge John G. Koeltl from Kenneth A. Goldberg dated 3/9/2011 re: Counsel for plaintiff requests a two day extension of time to file a Joint Pre-trial Order from Friday March 11, 2011 to Tuesday, March 15, 2011. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 3/9/2011) (js)
PDF 61 Filed: 3/14/2011, Entered: 3/14/2011 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [58] MOTION to Preclude Plaintiff's Expert Report and Expert Testimony.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 57 Filed: 3/14/2011, Entered: 3/14/2011 Proposed Voir Dire Questions
PROPOSED VOIR DIRE QUESTIONS. Document filed by Lavelle School for the Blind, Frank Simpson.(Park, Jean)
PACER 59 Filed: 3/14/2011, Entered: 3/14/2011 Declaration in Support of Motion
DECLARATION of Jean Y. Park in Support re: [58] MOTION to Preclude Plaintiff's Expert Report and Expert Testimony.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Park, Jean)
PACER 58 Filed: 3/14/2011, Entered: 3/14/2011 Motion to Preclude
MOTION to Preclude Plaintiff's Expert Report and Expert Testimony. Document filed by Lavelle School for the Blind, Frank Simpson.(Park, Jean)
PDF 60 Filed: 3/14/2011, Entered: 3/14/2011 Affidavit in Support of Motion
AFFIDAVIT of Teresa Welsh in Support re: [58] MOTION to Preclude Plaintiff's Expert Report and Expert Testimony.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 63 Filed: 3/15/2011, Entered: 3/15/2011 Declaration in Support of Motion
DECLARATION of Jean Park in Support re: [62] MOTION in Limine Defendants' Omnibus Motion in Limine to Exclude Proposed Exhibits and Witnesses.. Document filed by Lavelle School for the Blind, Frank Simpson. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Park, Jean)
PACER 65 Filed: 3/15/2011, Entered: 3/15/2011 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [62] MOTION in Limine Defendants' Omnibus Motion in Limine to Exclude Proposed Exhibits and Witnesses.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 67 Filed: 3/15/2011, Entered: 3/15/2011 Proposed Voir Dire Questions
PROPOSED VOIR DIRE QUESTIONS. Document filed by Eleanor Behringer.(Goldberg, Kenneth)
PACER 69 Filed: 3/15/2011, Entered: 3/15/2011 Motion in Limine
MOTION in Limine and to Preclude Witnesses From Supplying Evidence at Trial. Document filed by Eleanor Behringer.(Goldberg, Kenneth)
PDF 71 Filed: 3/15/2011, Entered: 3/15/2011 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [69] MOTION in Limine and to Preclude Witnesses From Supplying Evidence at Trial.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)
PDF 62 Filed: 3/15/2011, Entered: 3/15/2011 Motion in Limine
MOTION in Limine Defendants' Omnibus Motion in Limine to Exclude Proposed Exhibits and Witnesses. Document filed by Lavelle School for the Blind, Frank Simpson.(Park, Jean)
PACER 66 Filed: 3/15/2011, Entered: 3/15/2011 Pretrial Statement
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - PRETRIAL STATEMENT (Proposed Joint PreTrial Order). Document filed by Eleanor Behringer.(Goldberg, Kenneth) Modified on 3/16/2011 (ka).
PACER 68 Filed: 3/15/2011, Entered: 3/15/2011 Proposed Jury Instructions
FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU(REQUEST TO CHARGE) - PROPOSED JURY INSTRUCTIONS. Document filed by Eleanor Behringer.(Goldberg, Kenneth) Modified on 3/16/2011 (ka).
PACER 72 Filed: 3/15/2011, Entered: 3/15/2011 Request to Charge
REQUEST TO CHARGE. Document filed by Lavelle School for the Blind, Frank Simpson.(Park, Jean)
PACER 64 Filed: 3/15/2011, Entered: 3/15/2011 Affidavit in Support of Motion
AFFIDAVIT of W. Frank Simpson in Support re: [62] MOTION in Limine Defendants' Omnibus Motion in Limine to Exclude Proposed Exhibits and Witnesses.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 70 Filed: 3/15/2011, Entered: 3/15/2011 Declaration in Support of Motion
DECLARATION of Kenneth A. Goldberg in Support re: [69] MOTION in Limine and to Preclude Witnesses From Supplying Evidence at Trial.. Document filed by Eleanor Behringer. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Goldberg, Kenneth)
PACER 73 Filed: 3/16/2011, Entered: 3/16/2011 Request to Charge
REQUEST TO CHARGE. Document filed by Eleanor Behringer.(Goldberg, Kenneth)
PACER 74 Filed: 3/22/2011, Entered: 3/22/2011 Endorsed Letter Court Filing
ENDORSED LETTER: addressed to Judge John G. Koeltl from Kenneth A. Goldberg dated 3/17/2011 re: Counsel for plaintiff requests a brief extension of time to and including March 28, 2011 to respond to Defendants various pre-trial motions in limine, filed on March 14 and 15, 2011. Defendants consent to this request. ENDORSEMENT: March 28, 2011 to respond is agreeable. So Ordered. (Signed by Judge Harold Baer on 3/18/11) (js) Modified on 3/23/2011 (ae).
PACER 75 Filed: 3/23/2011, Entered: 3/23/2011 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [69] MOTION in Limine and to Preclude Witnesses From Supplying Evidence at Trial.. Document filed by Lavelle School for the Blind, Frank Simpson. (Park, Jean)
PACER 76 Filed: 3/23/2011, Entered: 3/23/2011 Notice of Appearance
NOTICE OF APPEARANCE by Neil Matthew Merkl on behalf of Lavelle School for the Blind, Frank Simpson (Merkl, Neil)
PDF 79 Filed: 3/28/2011, Entered: 3/28/2011 Affidavit in Opposition to Motion
AFFIDAVIT of Eleanor ("Ronnie") Behringer in Opposition re: [62] MOTION in Limine Defendants' Omnibus Motion in Limine to Exclude Proposed Exhibits and Witnesses.. Document filed by Eleanor Behringer. (Attachments: # (1) Exhibit A through B)(Goldberg, Kenneth)
PACER 77 Filed: 3/28/2011, Entered: 3/28/2011 Declaration in Opposition to Motion
DECLARATION of Kenneth A. Goldberg in Opposition re: [58] MOTION to Preclude Plaintiff's Expert Report and Expert Testimony.. Document filed by Eleanor Behringer. (Attachments: # (1) Exhibit A though E)(Goldberg, Kenneth)
PACER 78 Filed: 3/28/2011, Entered: 3/28/2011 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: [58] MOTION to Preclude Plaintiff's Expert Report and Expert Testimony.. Document filed by Eleanor Behringer. (Goldberg, Kenneth)

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