Carter v. Tuttnauer U.S.A. Co., Ltd.
Federal Civil Lawsuit New York Eastern District Court, Case No. 2:13-cv-00679

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Last Updated July 15, 2017 at 12:12 AM DT (3.9 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo JOHN CARTER, Plaintiff

Toggle Switch Represented by Edward Lee Sample , II

Name Phone Fax E-Mail
Space Edward Lee Sample, II +1 631 756 0400 +1 631 756 0547

Toggle Switch Represented by Frank & Associates PC

Name Phone Fax E-Mail
Space David Donald Barnhorn +1 631 756 0400 dbarnhorn@laborlaws.com
v.
No Logo Tuttnauer U.S.A. Co., Ltd., Defendant

Toggle Switch Represented by Lipman & Plesur, LLP

Name Phone Fax E-Mail
Space Robert D Lipman +1 516 931 0050 +1 516 931 0030 lipman@lipmanplesur.com
Space David A. Robins +1 516 931 0050 robins@lipmanplesur.com
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Legal Document (Payment Possibly Required) 53 Filed: 2/23/2016, Entered: None Transcript
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    Legal Document (Payment Possibly Required) 52 Filed: 9/30/2015, Entered: None Order Dismissing Case
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      Legal Document (Payment Possibly Required) 52 Filed: 9/29/2015, Entered: None Unknown Document TypeCourt Filing
      ORDER DISMISSING CASE - The above-captioned case is dismissed, in its entirety, with prejudice and without any award of attorneys' fees, costs or other relief. Case closed. So Ordered by Judge Arthur D. Spatt on 9/29/2015. (Coleman, Laurie) (Entered: 09/30/2015)
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        Legal Document (Payment Possibly Required) 51 Filed: 9/28/2015, Entered: None Stipulation of Dismissal
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          Legal Document (Payment Possibly Required) 50 Filed: 9/16/2015, Entered: None Status Conference
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            Legal Document (Payment Possibly Required) 50 Filed: 9/10/2015, Entered: None Unknown Document TypeCourt Filing
            Minute Order for proceedings held before Judge Arthur D. Spatt: Plaintiff present with counsel, Neil Frank. Deft's counsel, Robert D. Lipman, present. Conference held on 9/10/2015 at 10:35 a.m. Mr. Frank's 49 Letter MOTION to Withdraw as Attorney to plaintiff is terminated. Matter resolved between Mr. Frank and John Carter. Settlement discussions held. Case settled. John Carter sworn. Civil Case Terminated. General Release to be exchanged and executed. Stipulation to be submitted to the Court. So Ordered by Judge Arthur D. Spatt on 9/10/15. (Court Reporter Ellen Combs.) (Mahon, Cinthia) (Entered: 09/16/2015)
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              Legal Document (Payment Possibly Required) 49 Filed: 9/8/2015, Entered: None Withdraw as Attorney
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                Legal Document (Payment Possibly Required) 48 Filed: 9/4/2015, Entered: None Order on Motion to Adjourn Conference
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                  Legal Document (Payment Possibly Required) 48 Filed: 9/3/2015, Entered: None Unknown Document TypeCourt Filing
                  ORDER Re: 47 Motion adjourn the trial without a new date until Plaintiff's criminal proceeding and legal representation in this action have been resolved. An in-court conference is scheduled for 9/10/15 at 10:30 a.m. The court directs the plaintiff, John Carter, to appear for this conference to discuss this matter. Ordered by Judge Arthur D. Spatt on 9/3/15. Movant to serve parties by fax. (Coleman, Laurie) (Entered: 09/04/2015)
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                    Legal Document (Payment Possibly Required) 47 Filed: 9/2/2015, Entered: None Adjourn Conference
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                      Legal Document (Payment Possibly Required) 46 Filed: 7/1/2015, Entered: None Order on Motion to Withdraw as Attorney
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                        Legal Document (Payment Possibly Required) 46 Filed: 6/30/2015, Entered: None Unknown Document TypeCourt Filing
                        ORDER granting 45 motion for Peter A. Romero to withdraw as counsel to the Plaintiff. Request granted. Attorney Peter Arcadio Romero terminated. Ordered by Judge Arthur D. Spatt on 6/30/15. (Coleman, Laurie) (Entered: 07/01/2015)
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                          Legal Document (Payment Possibly Required) 45 Filed: 6/30/2015, Entered: None Withdraw as Attorney
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                            Legal Document (Payment Possibly Required) 44 Filed: 6/22/2015, Entered: None Status Conference
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                              Legal Document (Payment Possibly Required) 43 Filed: 6/15/2015, Entered: None Notice of Hearing
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                                Legal Document (Payment Possibly Required) 42 Filed: 5/12/2015, Entered: None Notice of Appearance
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                                  Legal Document (Payment Possibly Required) 41 Filed: 5/12/2015, Entered: None Notice of Appearance
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                                    Legal Document (Payment Possibly Required) 40 Filed: 1/12/2015, Entered: None Order on Motion for Summary Judgment
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                                      Legal Document (Payment Possibly Required) 39 Filed: 7/2/2014, Entered: None
                                      NOTICE of Appearance by David Donald Barnhorn on behalf of John Carter (aty to be noticed) (Barnhorn, David) (Entered: 07/02/2014)
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                                        Legal Document (Payment Possibly Required) 38 Filed: 6/12/2014, Entered: None
                                        Proposed Pretrial Order Revised by Tuttnauer U.S.A. Co., Ltd. (Lipman, Robert) (Entered: 06/12/2014)
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                                          Legal Document (Payment Possibly Required) 37 Filed: 6/2/2014, Entered: None
                                          Proposed Pretrial Order by John Carter (Sample, Edward) (Entered: 06/02/2014)
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                                            Legal Document (Payment Possibly Required) 36 Filed: 5/8/2014, Entered: None
                                            AFFIDAVIT/DECLARATION in Support re 25 MOTION for Summary Judgment (Reply) filed by Tuttnauer U.S.A. Co., Ltd.. (Attachments: # 1 Exhibit A - Pay Stubs, # 2 Exhibit B - Plaintiff's Responses.Interrogatories) (Lipman, Robert) (Entered: 05/08/2014)
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                                              Legal Document (Payment Possibly Required) 35 Filed: 5/8/2014, Entered: None
                                              REPLY in Support re 25 MOTION for Summary Judgment filed by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 05/08/2014)
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                                                Legal Document (Payment Possibly Required) 34 Filed: 5/7/2014, Entered: None
                                                Letter MOTION for Extension of Time to File Joint Pretrial Order by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 05/07/2014)
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                                                  Legal Document (Payment Possibly Required) 33 Filed: 5/2/2014, Entered: None
                                                  Letter MOTION for Extension of Time to File Joint Pretrial Order by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 05/02/2014)
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                                                    Legal Document (Payment Possibly Required) 32 Filed: 4/28/2014, Entered: None
                                                    RULE 56.1 STATEMENT re 25 MOTION for Summary Judgment filed by John Carter. (Sample, Edward) (Entered: 04/28/2014)
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                                                      Legal Document (Payment Possibly Required) 31 Filed: 4/28/2014, Entered: None
                                                      AFFIDAVIT/DECLARATION in Opposition re 25 MOTION for Summary Judgment of Edward L. Sample, II. filed by John Carter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Sample, Edward) (Entered: 04/28/2014)
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                                                        Legal Document (Payment Possibly Required) 30 Filed: 4/28/2014, Entered: None
                                                        MEMORANDUM in Opposition re 25 MOTION for Summary Judgment filed by John Carter. (Sample, Edward) (Entered: 04/28/2014)
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                                                          Legal Document (Payment Possibly Required) 29 Filed: 4/9/2014, Entered: None
                                                          NOTICE of Appearance by David A. Robins on behalf of Tuttnauer U.S.A. Co., Ltd. (aty to be noticed) (Robins, David) (Entered: 04/09/2014)
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                                                            Legal Document (Payment Possibly Required) 28 Filed: 3/28/2014, Entered: None
                                                            AFFIDAVIT/DECLARATION in Support re 25 MOTION for Summary Judgment filed by Tuttnauer U.S.A. Co., Ltd.. (Attachments: # 1 Exhibit A-Carter Transcript Pages, # 2 Exhibit B-Plaintiff's Deposition Exhibit 2, # 3 Exhibit C-Polansky Declaration) (Lipman, Robert) (Entered: 03/28/2014)
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                                                              Legal Document (Payment Possibly Required) 27 Filed: 3/28/2014, Entered: None
                                                              MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 03/28/2014)
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                                                                Legal Document (Payment Possibly Required) 26 Filed: 3/28/2014, Entered: None
                                                                RULE 56.1 STATEMENT re 25 MOTION for Summary Judgment filed by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 03/28/2014)
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                                                                  Legal Document (Payment Possibly Required) 25 Filed: 3/28/2014, Entered: None
                                                                  MOTION for Summary Judgment by Tuttnauer U.S.A. Co., Ltd.. Responses due by 4/28/2014 (Lipman, Robert) (Entered: 03/28/2014)
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                                                                    Legal Document (Payment Possibly Required) 24 Filed: 3/3/2014, Entered: None
                                                                    MOTION for Extension of Time to File Joint Pretrial Order by John Carter. (Sample, Edward) (Entered: 03/03/2014)
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                                                                      Legal Document (Payment Possibly Required) 23 Filed: 2/26/2014, Entered: None Court Filing
                                                                      MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Pre-Motion Conference held on 2/26/14 at 9:04 a.m. Case called. Counsel for all sides present. Pre-Motion Conference held. Other: A briefing schedule was set for defendant to move for summary judgment. (Coleman, Laurie) (Entered: 02/27/2014)
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                                                                        Legal Document (Payment Possibly Required) 22 Filed: 2/10/2014, Entered: None Court Filing
                                                                        ORDER Re: 21 Motion for Pre-Motion Conference. Application granted. A pre-motion conference is scheduled for 2/26/14 at 9:00 a.m. in Coutroom 1020. Counsel shall have authority to discuss settlement at this conference. (Pre-Motion Hearing set for 2/26/2014 09:00 AM in Courtroom 1020 before Judge Arthur D. Spatt.) Ordered by Judge Arthur D. Spatt on 2/10/14. (Coleman, Laurie) (Entered: 02/11/2014)
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                                                                          Legal Document (Payment Possibly Required) 21 Filed: 2/4/2014, Entered: None Court Filing
                                                                          Letter MOTION for pre motion conference by Tuttnauer U.S.A. Co., Ltd.. (Attachments: # 1 Rule 56.1 Statement Combined Rule 56.1 Statement/Counterstatement Pursuant To Judge Spatt's Individual Motion Practices) (Lipman, Robert) (Entered: 02/04/2014)
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                                                                            Legal Document (Payment Possibly Required) 20 Filed: 12/30/2013, Entered: None
                                                                            Letter MOTION for Extension of Time to File Document by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 12/30/2013)
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                                                                              Legal Document (Payment Possibly Required) 19 Filed: 11/27/2013, Entered: None Court Filing
                                                                              ORDER Re: 17 Stipulation of Dismissal of First Cause of Action (FMLA). So Ordered by Judge Arthur D. Spatt on 11/27/13. (Coleman, Laurie) (Entered: 12/03/2013)
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                                                                                Legal Document (Payment Possibly Required) 18 Filed: 11/26/2013, Entered: None Court Filing
                                                                                MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Conference held on 11/26/13 at 9:22 a.m. Court Reporter: Perry Auerbach. Case called. Counsel for all sides present. Conference held. Other Re: Stipulation dated 11/15/13 signed by both sides. Ruling on the record. (Coleman, Laurie) (Entered: 11/27/2013)
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                                                                                  Legal Document (Payment Possibly Required) 17 Filed: 11/26/2013, Entered: None
                                                                                  STIPULATION of Dismissal of First Cause of Action (FMLA) by John Carter (Sample, Edward) (Entered: 11/26/2013)
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                                                                                    Legal Document (Payment Possibly Required) 16 Filed: 11/26/2013, Entered: None Court Filing
                                                                                    ORDER granting 14 Stipulation/Motion for Protective Order Re: John Carter agrees not to contact any witness identified in this case or post or threaten to post such witnesses' name or contact information in any online posting. Defendant will instruct witnesses identified in this case who are in Defendant's employ to have no direct contact with Plaintiff. Dale Cinelli agrees to direct all communications to Plaintiff through counsel. So Ordered by Judge Arthur D. Spatt on 11/26/13. (Coleman, Laurie) Modified on 12/3/2013. (Coleman, Laurie). (Entered: 11/26/2013)
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                                                                                      Legal Document (Payment Possibly Required) 15 Filed: 11/20/2013, Entered: None Court Filing
                                                                                      ORDER Re: 14 MOTION for Protective Order. The Court declines to "So Order" this Stipulation at this time and directs the parties to appear before the Court a conference to discuss this matter on Tuesday, 11/26/13 at 9:00 a.m. So Ordered by Judge Arthur D. Spatt on 11/20/2013. (Coleman, Laurie) (Entered: 11/20/2013)
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                                                                                        Legal Document (Payment Possibly Required) 14 Filed: 11/18/2013, Entered: None
                                                                                        MOTION for Protective Order by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 11/18/2013)
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                                                                                          Legal Document (Payment Possibly Required) 13 Filed: 11/7/2013, Entered: None
                                                                                          RESPONSE in Opposition re 12 Letter MOTION for Hearing , RESPONSE to Motion re 12 Letter MOTION for Hearing filed by John Carter. (Romero, Peter) (Entered: 11/07/2013)
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                                                                                            Legal Document (Payment Possibly Required) 12 Filed: 11/6/2013, Entered: None
                                                                                            Letter MOTION for Hearing by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 11/06/2013)
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                                                                                              Legal Document (Payment Possibly Required) 11 Filed: 5/10/2013, Entered: None Court Filing
                                                                                              SCHEDULING ORDER: Final Pretrial Conference set for 1/6/2014 11:30 AM before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 5/10/2013. c/ecf (Imrie, Robert) (Entered: 05/10/2013)
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                                                                                                Legal Document (Payment Possibly Required) 10 Filed: 5/9/2013, Entered: None
                                                                                                Joint MOTION to Adjourn Conference by John Carter. (Sample, Edward) (Entered: 05/09/2013)
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                                                                                                  Legal Document (Payment Possibly Required) 9 Filed: 5/3/2013, Entered: None Court Filing
                                                                                                  Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/3/2013. (Attachments: # 1 Proposed Scheduling Order) c/ecf (Imrie, Robert) (Entered: 05/03/2013)
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                                                                                                    Legal Document (Payment Possibly Required) 8 Filed: 3/27/2013, Entered: None
                                                                                                    ANSWER to 1 Complaint by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 03/27/2013)
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                                                                                                      Legal Document (Payment Possibly Required) 7 Filed: 3/27/2013, Entered: None
                                                                                                      Corporate Disclosure Statement by Tuttnauer U.S.A. Co., Ltd. (Lipman, Robert) (Entered: 03/27/2013)
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                                                                                                        Legal Document (Payment Possibly Required) 6 Filed: 3/8/2013, Entered: None Court Filing
                                                                                                        ORDER Re: 5 Motion for extension of time for defendant to answer, move or otherwise respond with respect to the Complaint from 3/6/13 through and including 3/27/13; and that the matter of Mark Brown v. Tuttnauer U.S.A. Co., Ltd., Index No. 13 Civ. 0678, be assigned the same District and Magistrate Judges - The request for an extension of time is granted. The request to reassign this case is denied without prejudice with leave to refile in accordance with Local Rule 50.3.1 Signed Judge Arthur D. Spatt on 3/8/13. (Coleman, Laurie) (Entered: 03/14/2013)
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                                                                                                          Legal Document (Payment Possibly Required) 5 Filed: 3/6/2013, Entered: None
                                                                                                          MOTION for Extension of Time to File Answer re 1 Complaint by Tuttnauer U.S.A. Co., Ltd.. (Lipman, Robert) (Entered: 03/06/2013)
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                                                                                                            Legal Document (Payment Possibly Required) 4 Filed: 3/6/2013, Entered: None
                                                                                                            NOTICE of Appearance by Robert D. Lipman on behalf of Tuttnauer U.S.A. Co., Ltd. (aty to be noticed) (Lipman, Robert) (Entered: 03/06/2013)
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                                                                                                              Legal Document (Payment Possibly Required) 3 Filed: 2/8/2013, Entered: None
                                                                                                              In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) (Entered: 02/08/2013)
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                                                                                                                Legal Document (Payment Possibly Required) 2 Filed: 2/6/2013, Entered: None
                                                                                                                Summons Issued as to Tuttnauer U.S.A. Co., Ltd.. (McMahon, Carol) (Entered: 02/08/2013)
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                                                                                                                  Legal Document (Payment Possibly Required) 1 Filed: 2/6/2013, Entered: None
                                                                                                                  COMPLAINT against Tuttnauer U.S.A. Co., Ltd. Disclosure Statement on Civil Cover Sheet completed -No,, filed by John Carter. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 02/08/2013)
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