Gold v. American Medical Alert Corp.
Federal Civil Lawsuit New York Southern District Court, Case No. 1:14-cv-05485
District Judge John F. Keenan, presiding

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Last Updated December 15, 2018 at 1:05 AM ST (2.5 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Daniel Martin Gold, Plaintiff

Toggle Switch Represented by Thompson & Knight LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin Edward Karlinsky +1 646 380 0036 martin.karlinsky@karlinskyllc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Amy Adrienne Lehman +1 646 380 0038 +1 646 380 0039 amy.lehman@karlinskyllc.com
v.
No Logo American Medical Alert Corp., Defendant

Toggle Switch Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James M. Lemonedes +1 212 788 0881 +1 212 788 0940 jlemonedes@foxrothschild.com
ATTORNEY TO BE NOTICED John Aubrey Wait +1 212 878 7900 +1 212 692 0940 jwait@foxrothschild.com
ATTORNEY TO BE NOTICED Oksana Gaussy Wright +1 212 878 7900 +1 212 692 0940 owright@foxrothschild.com
Citation Section 28 U.S.C. § 1332ac
Nature of Suit 190 - Contract: Other Contract Actions
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Legal Document (Payment Possibly Required) 70 Filed: 2/16/2017, Entered: None Unknown Document TypeCourt Filing
OPINION & ORDER #107050 re: 52 MOTION for Summary Judgment . filed by American Medical Alert Corp. For these reasons, AMAC's motion for summary judgment is denied. The parties are directed to appear for a pretrial conference on March 9, 2017, at 11:00 A.M. (Pretrial Conference set for 3/9/2017 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 2/16/2017) (tro) Modified on 2/21/2017 (ap).
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    Legal Document (Payment Possibly Required) 69 Filed: 9/20/2016, Entered: None Unknown Document Type
    NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/31/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 09/20/2016)
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      Legal Document (Payment Possibly Required) 68 Filed: 9/20/2016, Entered: None Unknown Document TypeCourt Filing
      TRANSCRIPT of Proceedings re: argument held on 8/31/2016 before Judge John F. Keenan. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Siwik, Christine) (Entered: 09/20/2016)
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        Legal Document (Payment Possibly Required) 67 Filed: 8/31/2016, Entered: None Unknown Document TypeCourt Filing
        LETTER addressed to Judge John F. Keenan from Amy A. Lehman dated August 31, 2016 re: Submission of Additional Exhibit Pages. Document filed by Daniel Martin Gold.(Karlinsky, Martin) (Entered: 08/31/2016)
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          Legal Document (Payment Possibly Required) 66 Filed: 7/21/2016, Entered: None Unknown Document TypeCourt Filing
          ORDER granting 60 Letter Motion for Oral Argument. Oral argument on the motion for summary judgment in this case is set for Wednesday, August 31, 2016 at 11:30 a.m. in Courtroom 20-C. SO ORDERED.(Signed by Judge John F. Keenan on 7/21/2016) (ama) (Entered: 07/21/2016)
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            Legal Document (Payment Possibly Required) 65 Filed: 7/14/2016, Entered: None Unknown Document Type
            COUNTER STATEMENT TO 55 Rule 56.1 Statement. Document filed by Daniel Martin Gold. (Karlinsky, Martin) (Entered: 07/14/2016)
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              Legal Document (Payment Possibly Required) 64 Filed: 7/13/2016, Entered: None Unknown Document Type
              FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE in Opposition to Motion re: 52 MOTION for Summary Judgment . Plaintiff's Response to Defendant's Rule 56.1 Statement and Plaintiff's Rule 56.1 Counterstatement of Facts. Document filed by Daniel Martin Gold. (Karlinsky, Martin) Modified on 7/14/2016 (db). (Entered: 07/13/2016)
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                Legal Document (Payment Possibly Required) 63 Filed: 7/13/2016, Entered: None Unknown Document Type
                DECLARATION of Amy A. Lehman in Opposition re: 52 MOTION for Summary Judgment .. Document filed by Daniel Martin Gold. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12, # 13 Exhibit Ex. 13, # 14 Exhibit Ex. 14, # 15 Exhibit Ex. 15, # 16 Exhibit Ex. 16, # 17 Exhibit Ex. 17, # 18 Exhibit Ex. 18, # 19 Exhibit Ex. 19, # 20 Exhibit Ex. 20, # 21 Exhibit Ex. 21, # 22 Exhibit Ex. 22)(Karlinsky, Martin) (Entered: 07/13/2016)
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                  Legal Document (Payment Possibly Required) 62 Filed: 7/13/2016, Entered: None Unknown Document Type
                  AFFIDAVIT of Daniel Martin Gold in Opposition re: 52 MOTION for Summary Judgment .. Document filed by Daniel Martin Gold. (Karlinsky, Martin) (Entered: 07/13/2016)
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                    Legal Document (Payment Possibly Required) 61 Filed: 7/13/2016, Entered: None Unknown Document Type
                    MEMORANDUM OF LAW in Opposition re: 52 MOTION for Summary Judgment . . Document filed by Daniel Martin Gold. (Karlinsky, Martin) (Entered: 07/13/2016)
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                      Legal Document (Payment Possibly Required) 60 Filed: 7/13/2016, Entered: None Unknown Document TypeCourt Filing
                      LETTER MOTION for Oral Argument on Recently Filed Summary Judgment Motion addressed to Judge John F. Keenan from James M. Lemonedes dated July 13, 2016. Document filed by American Medical Alert Corp..(Lemonedes, James) (Entered: 07/13/2016)
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                        Legal Document (Payment Possibly Required) 59 Filed: 7/13/2016, Entered: None Unknown Document Type
                        FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 61 Memorandum) - OPPOSITION BRIEF re: 52 MOTION for Summary Judgment ., 55 Rule 56.1 Statement, 53 Declaration in Support of Motion, 54 Memorandum of Law in Support of Motion . Document filed by Daniel Martin Gold.(Karlinsky, Martin) Modified on 7/14/2016 (db). (Entered: 07/13/2016)
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                          Legal Document (Payment Possibly Required) 58 Filed: 7/13/2016, Entered: None Unknown Document Type
                          RULE 56.1 STATEMENT. Document filed by American Medical Alert Corp.. (Lemonedes, James) (Entered: 07/13/2016)
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                            Legal Document (Payment Possibly Required) 57 Filed: 7/13/2016, Entered: None Unknown Document Type
                            REPLY MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . . Document filed by American Medical Alert Corp.. (Lemonedes, James) (Entered: 07/13/2016)
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                              Legal Document (Payment Possibly Required) 56 Filed: 7/13/2016, Entered: None Unknown Document Type
                              REPLY AFFIRMATION of James M. Lemonedes in Support re: 52 MOTION for Summary Judgment .. Document filed by American Medical Alert Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lemonedes, James) (Entered: 07/13/2016)
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                                Legal Document (Payment Possibly Required) 55 Filed: 7/13/2016, Entered: None Unknown Document Type
                                RULE 56.1 STATEMENT. Document filed by American Medical Alert Corp.. (Lemonedes, James) (Entered: 07/13/2016)
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                                  Legal Document (Payment Possibly Required) 54 Filed: 7/13/2016, Entered: None Unknown Document Type
                                  MEMORANDUM OF LAW in Support re: 52 MOTION for Summary Judgment . . Document filed by American Medical Alert Corp.. (Lemonedes, James) (Entered: 07/13/2016)
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                                    Legal Document (Payment Possibly Required) 53 Filed: 7/13/2016, Entered: None Unknown Document Type
                                    DECLARATION of James M. Lemonedes in Support re: 52 MOTION for Summary Judgment .. Document filed by American Medical Alert Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Lemonedes, James) (Entered: 07/13/2016)
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                                      Legal Document (Payment Possibly Required) 52 Filed: 7/13/2016, Entered: None Unknown Document Type
                                      MOTION for Summary Judgment . Document filed by American Medical Alert Corp..(Lemonedes, James) (Entered: 07/13/2016)
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                                        Legal Document (Payment Possibly Required) 51 Filed: 6/13/2016, Entered: None Unknown Document Type
                                        NOTICE: Please be advised that the conference scheduled for June 21, 2016 is hereby cancelled. (ama) (Entered: 06/13/2016)
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                                          Legal Document (Payment Possibly Required) 50 Filed: 6/10/2016, Entered: None Unknown Document TypeCourt Filing
                                          NOTICE OF A PRETRIAL CONFERENCE: Pretrial Conference set for 6/21/2016 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 6/10/2016) (tn) (Entered: 06/10/2016)
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                                            Legal Document (Payment Possibly Required) 49 Filed: 4/14/2016, Entered: None Unknown Document TypeCourt Filing
                                            ORDER AMENDING SCHEDULING ORDER TO INCLUDE MOTION BRIEFING SCHEDULE ANDTO EXTEND TIME FOR PRE-TRIAL DEADLINES: 1. Deadline for Defendant to file its motion for summary judgment is May 20, 2016. 2. Deadline for Plaintiffs opposition to the motion for summary judgment is June 27, 2016. 3. Deadline for Defendant's reply is July 13, 2016. (As further set forth in this Order.) Motions due by 5/20/2016. Responses due by 6/27/2016 Replies due by 7/13/2016. (Signed by Judge John F. Keenan on 4/14/2016) (cf) (Entered: 04/14/2016)
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                                              Legal Document (Payment Possibly Required) 48 Filed: 4/11/2016, Entered: None Unknown Document TypeCourt Filing
                                              LETTER addressed to Judge John F. Keenan from Amy A. Lehman dated April 11, 2016 re: Briefing Schedule and Extension of Time. Document filed by Daniel Martin Gold. (Attachments: # 1 Text of Proposed Order [Proposed] Order to Extend Time)(Lehman, Amy) (Entered: 04/11/2016)
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                                                Legal Document (Payment Possibly Required) 47 Filed: 2/29/2016, Entered: None Unknown Document TypeCourt Filing
                                                LETTER addressed to Judge John F. Keenan from Amy A. Lehman dated February 29, 2016 re: Status Report. Document filed by Daniel Martin Gold.(Lehman, Amy) (Entered: 02/29/2016)
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                                                  Legal Document (Payment Possibly Required) 46 Filed: 2/5/2016, Entered: None Unknown Document TypeCourt Filing
                                                  ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Amy A. Lehman dated 2/5/2016 re: We seek leave of the Court to move to compel production of a document, and accordingly request a pre-motion conference for that purpose. ENDORSEMENT: Application denied without prejudice for failure to comply with paragraph 2.A of this Court's Individual Practices. If the contention is that the emails annexed to this letter reflect that counsel has refused to confer as required by paragraph 2.A, that contention is rejected. There are four attorneys of record. Let's try calling them. If there is a refusal at that point, write me a letter. Otherwise, please comply with paragraph 2.A if the dispute persists. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/5/2016) (kl) (Entered: 02/05/2016)
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                                                    Legal Document (Payment Possibly Required) 45 Filed: 1/27/2016, Entered: None Unknown Document TypeCourt Filing
                                                    ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Amy A. Lehman dated 1/26/2016 re: We represent plaintiff Daniel Martin Gold ("Gold") in the above-referenced matter. We submit this letter in response to Mr. Mickley's letter submission of January 22, 2016, in which he has requested a pre-motion conference regarding his motion to quash the subpoena issued to Robert Farrish on January 7, 2016. ENDORSEMENT: The subpoena to Robert Farrish, dated January 7, 2016, is hereby quashed. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/26/2016) (rjm) (Entered: 01/27/2016)
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                                                      Legal Document (Payment Possibly Required) 44 Filed: 1/22/2016, Entered: None Unknown Document TypeCourt Filing
                                                      FIRST LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from John Mickley dated January 22, 2016 re: Requesting conference and permission to file motion to quash. Document filed by Robert Farrish.(Mickley, John) (Entered: 01/22/2016)
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                                                        Legal Document (Payment Possibly Required) 43 Filed: 1/19/2016, Entered: None Unknown Document TypeCourt Filing
                                                        ORDER AMENDING SCHEDULING ORDER TO EXTEND TIME FOR PRE-TRIAL DEADLINES: Status letter reporting the results of an in-person settlement conference due to the Court by February 29, 2016. Deadline for filing of final pre-trial order, proposed voir dire, jury instructions and verdict forms, and motions in limine is extended to April 12, 2016. This Amended Civil Case Discovery Plan and Scheduling Order may not be changed without leave of Court. Motions due by 4/12/2016. Pretrial Order due by 4/12/2016. (Signed by Judge John F. Keenan on 1/19/2016) (tn) (Entered: 01/19/2016)
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                                                          Legal Document (Payment Possibly Required) 42 Filed: 1/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                          JOINT LETTER addressed to Judge John F. Keenan from Amy A. Lehman dated January 15, 2016 re: Order Amending Scheduling Order to Extend Time for Pre-Trial Deadlines. Document filed by Daniel Martin Gold. (Attachments: # 1 Text of Proposed Order Order Amending Scheduling Order to Extend Time for Pre-Trial Deadline)(Lehman, Amy) (Entered: 01/15/2016)
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                                                            Legal Document (Payment Possibly Required) 41 Filed: 1/15/2016, Entered: None Unknown Document TypeCourt Filing
                                                            ORDER granting 40 Motion for John Mickley to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.) (Entered: 01/15/2016)
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                                                              Legal Document (Payment Possibly Required) 40 Filed: 1/14/2016, Entered: None Unknown Document Type
                                                              FIRST MOTION for John Mickley to Appear Pro Hac Vice as Counsel to Third Party Witness Robert Farrish. Filing fee $ 200.00, receipt number 0208-11837955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert Farrish. (Attachments: # 1 Text of Proposed Order Proposed Pro Hac Vice Order, # 2 Exhibit Certificate of Good Standing)(Mickley, John) (Entered: 01/14/2016)
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                                                                Legal Document (Payment Possibly Required) 39 Filed: 12/2/2015, Entered: None Unknown Document TypeCourt Filing
                                                                MEMO ENDORSEMENT: Defendant's application (Docket # 38) is denied. Plaintiff is precluded from calling Mr. Frisch as a witness at trial, as further set forth in the Memorandum Endorsement. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/2/15) (sg) (Entered: 12/02/2015)
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                                                                  Legal Document (Payment Possibly Required) 38 Filed: 11/24/2015, Entered: None Unknown Document TypeCourt Filing
                                                                  LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James M. Lemonedes dated November 24, 2015 re: Pre-Motion Conference. Document filed by American Medical Alert Corp..(Lemonedes, James) (Entered: 11/24/2015)
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                                                                    Legal Document (Payment Possibly Required) 37 Filed: 10/26/2015, Entered: None Unknown Document Type
                                                                    NOTICE OF APPEARANCE by Barri Ann Frankfurter on behalf of American Medical Alert Corp.. (Frankfurter, Barri) (Entered: 10/26/2015)
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                                                                      Legal Document (Payment Possibly Required) 36 Filed: 10/21/2015, Entered: None Unknown Document TypeCourt Filing
                                                                      ORDER: Please be advised that the conference scheduled for 12/9/2015 has been rescheduled to 12/21/2015 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 10/21/2015) (tn) (Entered: 10/21/2015)
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                                                                        Legal Document (Payment Possibly Required) 35 Filed: 10/20/2015, Entered: None Unknown Document TypeCourt Filing
                                                                        FOURTH SO ORDERED STIPULATION AMENDING SCHEDULING ORDER TO EXTEND TIME FOR DISCOVERY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, who are counsel to all parties to the within action, as follows: 1. The last day for submission of expert disclosures currently scheduled for October 29, 2015 is adjourned to November 6, 2015; 2. The last day for submission of rebuttal expert disclosures currently scheduled for November 19, 2015 is adjourned to December 4, 2015; 3. A signed facsimile or PDF copy of this stipulation shall have the same force and effect as an originally-signed copy; and 4. This executed stipulation may be filed with the Court without further notice. 5. Any further application for an extension must be made by motion or letter, must show extraordinary circumstances not foreseeable as of today, and must contain a complete recounting of all efforts that were made to comply with the discovery deadlines. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/19/2015) (rjm) (Entered: 10/20/2015)
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                                                                          Legal Document (Payment Possibly Required) 34 Filed: 10/5/2015, Entered: None Unknown Document TypeCourt Filing
                                                                          ORDER: The conference in this case is adjourned from October 6, 2015 to December 9, 2015 at 11:00 a.m. (Case Management Conference set for 12/9/2015 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 10/5/2015) (kl) (Entered: 10/05/2015)
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                                                                            Legal Document (Payment Possibly Required) 33 Filed: 10/2/2015, Entered: None Unknown Document TypeCourt Filing
                                                                            ORDER: The conference, set for October 6, 2015, has been rescheduled from 11:15 a.m. to 10:30 a.m. (Case Management Conference set for 10/6/2015 at 10:30 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 10/2/2015) (kl) (Entered: 10/02/2015)
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                                                                              Legal Document (Payment Possibly Required) 32 Filed: 8/31/2015, Entered: None Unknown Document Type
                                                                              ANSWER to 1 Complaint. Document filed by American Medical Alert Corp..(Lemonedes, James) (Entered: 08/31/2015)
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                                                                                Legal Document (Payment Possibly Required) 31 Filed: 8/31/2015, Entered: None Unknown Document Type
                                                                                RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Medical Alert Corp..(Lemonedes, James) (Entered: 08/31/2015)
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                                                                                  Legal Document (Payment Possibly Required) 30 Filed: 8/20/2015, Entered: None Unknown Document TypeCourt Filing
                                                                                  THIRD SO ORDERED STIPULATION AMENDING SCHEDULING ORDER TO EXTEND TIME FOR DISCOVERY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, who are counsel to all parties to the within action, as follows: 1. The last day for completion of all fact discovery herein currently scheduled for September 18, 2015 is adjourned to and including October 16, 2015; 2(a). The last day for expert disclosure currently scheduled for October 1, 2015 is adjourned to October 29, 2015; 2(b). The last day for rebuttal disclosures currently scheduled for October 22, 2015 is adjourned to November 19, 2015; 2(c). The last day for expert discovery currently scheduled for November 20, 2015 is adjourned to December 18, 2015, and as further set forth in this Third So Ordered Stipulation Amending Scheduling Order to Extend Time for Discovery. (Expert Discovery due by 12/18/2015. Fact Discovery due by 10/16/2015. Motions due by 11/2/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/18/2015) (rjm) (Entered: 08/20/2015)
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                                                                                    Blank 29 Filed: 8/17/2015, Entered: None Court Filing
                                                                                    OPINION & ORDER re: 5 MOTION to Dismiss the Second Claim for Relief filed by American Medical Alert Corp. For the foregoing reasons, Defendant's motion dismiss Plaintiff's second claim is granted. (As further set forth in this Opinion.) (Signed by Judge John F. Keenan on 8/13/2015) (mro) (Entered: 08/17/2015)
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                                                                                      Legal Document (Payment Possibly Required) 28 Filed: 7/10/2015, Entered: None Court Filing
                                                                                      ORDER: A conference to discuss the discovery dispute raised in the letter dated July 9, 2015, will take place on Thursday, July 16, 2015, at 4:00 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. A responsive letter should be submitted in accordance with paragraph 2.A of this Court's Individual Practices. It is the Court's intention to decide the dispute based on the parties' letters unless a party shows good cause in advance of the conference why formal briefing should be required. (As further set forth in this Order) (Status Conference set for 7/16/2015 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/10/2015) (kl) (Entered: 07/10/2015)
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                                                                                        Legal Document (Payment Possibly Required) 27 Filed: 6/8/2015, Entered: None Court Filing
                                                                                        SECOND SO ORDERED STIPULATION AMENDING SCHEDULING ORDER TO EXTEND TIME FOR DISCOVERY: All Fact Discovery due by 9/18/2015. Expert Disclosure due October 1, 2015; Rebuttal Discoveries due October 22, 2015; Expert Discovery due by 11/20/2015; Motions due by 10/5/2015. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/08/2015) (ama) (Entered: 06/08/2015)
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                                                                                          Legal Document (Payment Possibly Required) 26 Filed: 4/8/2015, Entered: None Court Filing
                                                                                          ORDER: Please be advised that the conference scheduled for 5/12/2015 has been rescheduled to 10/6/2015 at 11:15 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (Signed by Judge John F. Keenan on 4/8/2015) (tn) (Entered: 04/08/2015)
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                                                                                            Legal Document (Payment Possibly Required) 25 Filed: 4/6/2015, Entered: None Court Filing
                                                                                            STIPULATION AND ORDER AMENDING SCHEDULING ORDER TO EXTEND TIME FOR DISCOVERY. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, who are counsel to all parties to the within action, as follows: The last day for completion of all fact discovery herein originally scheduled for June 30, 2015 is adjourned to and including July 30, 2015; The last day for expert discovery originally scheduled for August 31, 2015 is adjourned to September 30, 2015: The final date for any party hereto to file any motion or motions for summary judgment is adjourned to August 14, 2015, and as further set forth herein. (Expert Discovery due by 9/30/2015. Fact Discovery due by 7/30/2015. Motions due by 8/14/2015.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/6/2015) (rjm) (Entered: 04/06/2015)
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                                                                                              Legal Document (Payment Possibly Required) 24 Filed: 3/30/2015, Entered: None Court Filing
                                                                                              ORDER: The conference in this case is adjourned from April 6, 2015 to May 12, 2015 at 11:15 a.m. (Case Management Conference set for 5/12/2015 at 11:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 3/30/2015) (kko) (Entered: 03/30/2015)
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                                                                                                Legal Document (Payment Possibly Required) 23 Filed: 3/25/2015, Entered: None
                                                                                                NOTICE OF CHANGE OF ADDRESS by Amy Adrienne Lehman on behalf of All Plaintiffs. New Address: Karlinsky LLC, 1500 Broadway, 8th Floor, New York, New York, USA 10036, 646 437-1430. (Lehman, Amy) (Entered: 03/25/2015)
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                                                                                                  Legal Document (Payment Possibly Required) 22 Filed: 3/25/2015, Entered: None
                                                                                                  NOTICE OF CHANGE OF ADDRESS by Martin Edward Karlinsky on behalf of Daniel Martin Gold. New Address: Karlinsky LLC, 1500 Broadway, 8th Floor, New York, New York, USA 10036, 646 437 1430. (Karlinsky, Martin) (Entered: 03/25/2015)
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                                                                                                    Legal Document (Payment Possibly Required) 21 Filed: 3/23/2015, Entered: None
                                                                                                    NOTICE OF APPEARANCE by James M. Lemonedes on behalf of American Medical Alert Corp.. (Lemonedes, James) (Entered: 03/23/2015)
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                                                                                                      Legal Document (Payment Possibly Required) 20 Filed: 3/20/2015, Entered: None Court Filing
                                                                                                      ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from James M. Lemonedes dated 3/20/2015 re: Adjournment of conference. ENDORSEMENT: Granted. Submissions due March 30, 2015. SO ORDERED. (Settlement Conference set for 5/6/2015 at 02:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2015) (ajs) (Entered: 03/20/2015)
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                                                                                                        Legal Document (Payment Possibly Required) 19 Filed: 3/11/2015, Entered: None Court Filing
                                                                                                        ORDER: A settlement conference in this matter is scheduled for April 10, 2015 at 9:30 a.m. in Courtroom 6-B, 500 Pearl Street, New York, New York. (Settlement Conference set for 4/10/2015 at 09:30 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/11/2015) (kko) (Entered: 03/11/2015)
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                                                                                                          Legal Document (Payment Possibly Required) 18 Filed: 2/6/2015, Entered: None Court Filing
                                                                                                          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/6/2015) (rjm) (Entered: 02/06/2015)
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                                                                                                            Legal Document (Payment Possibly Required) 17 Filed: 2/4/2015, Entered: None Court Filing
                                                                                                            ORDER: The conference in this case is adjourned from April 2, 2015 to April 6, 2015 at 11:15 a.m. So Ordered ( Case Management Conference set for 4/6/2015 at 11:15 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 2/4/2015) (js) (Entered: 02/04/2015)
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                                                                                                              Legal Document (Payment Possibly Required) 16 Filed: 1/5/2015, Entered: None Court Filing
                                                                                                              ORDER: The conference in this case is adjourned from February 11, 2015 to April 2, 2015 at 11:30 a.m. ( Case Management Conference set for 4/2/2015 at 11:30 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 1/5/2015) (mro) (Entered: 01/05/2015)
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                                                                                                                Legal Document (Payment Possibly Required) 15 Filed: 11/20/2014, Entered: None
                                                                                                                RULE 26 DISCLOSURE.Document filed by Daniel Martin Gold.(Karlinsky, Martin) (Entered: 11/20/2014)
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                                                                                                                  Legal Document (Payment Possibly Required) 14 Filed: 10/22/2014, Entered: None Court Filing
                                                                                                                  ORDER: 1. The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. § 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: www.nysd.uscourts.gov/judge/Gorenstein. 2. The Rule 26 Scheduling Order and Case Management Plan, filed October 17, 2014 (Docket # 11) is hereby adopted as an Order of the Court. All fact discovery (including requests for admissions) must be initiated in time to be concluded by the deadline for all fact discovery. 3. Discovery motions--that is, any application pursuant to Rules 26 through 37 or 45-not only must comply with if paragraph 2.A. of the Court's Individual Practices but also must be made promptly after the cause for such a motion arises. In addition, absent extraordinary circumstances no such application will be considered if made later than 30 days prior to the close of discovery. Untimely applications will be denied. 4. Any application for an extension of the time limitations with respect to any deadlines in this matter must be made as soon as the cause for the extension becomes known to the party making the application and must be made in accordance with if paragraph 1.E of the Court's Individual Practices. The application must state the position of all other parties on the proposed extension and must show good cause therefor not foreseeable as of the date of this Order. "Good cause" as used in this paragraph does not include circumstances within the control of counsel or the party. Any application not in compliance with this paragraph will be denied. Failure to comply with the terms of this Order may also result in sanctions. 5. Counsel are to consult with each other and inform the undersigned by letter as soon as they are prepared to participate in a settlement conference. The Court will schedule such a conference after receiving this letter. 6. If a recipient of this Order is aware of any attorneys or parties who should receive notice of Court action in this case other than any attorneys or parties currently listed on the docket sheet, please notify Deputy Clerk Sylvia Gonzalez at (212) 805-4260 immediately. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/22/2014) (mro) (Entered: 10/22/2014)
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                                                                                                                    Legal Document (Payment Possibly Required) 13 Filed: 10/22/2014, Entered: None Court Filing
                                                                                                                    RULE 26 SCHEDULING ORDER AND CASE MANAGEMENT PLAN: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. Depositions due by 6/30/2015. All Fact Discovery due by 6/30/2015. All Expert Discovery due by 8/31/2015. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days. Case Management Conference set for 2/11/2015 at 11:00 AM before Judge John F. Keenan. (Signed by Judge John F. Keenan on 10/22/2014) (djc) (Entered: 10/22/2014)
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                                                                                                                      Legal Document (Payment Possibly Required) 12 Filed: 10/21/2014, Entered: None 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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge John F. Keenan on 10/21/2014) (djc) (Entered: 10/21/2014)
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                                                                                                                        Legal Document (Payment Possibly Required) 11 Filed: 10/17/2014, Entered: None
                                                                                                                        RULE 26(f) DISCOVERY PLAN REPORT.Document filed by American Medical Alert Corp..(Wright, Oksana) (Entered: 10/17/2014)
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                                                                                                                          Legal Document (Payment Possibly Required) 10 Filed: 9/26/2014, Entered: None
                                                                                                                          NOTICE OF APPEARANCE by Oksana Gaussy Wright on behalf of American Medical Alert Corp.. (Wright, Oksana) (Entered: 09/26/2014)
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                                                                                                                            Legal Document (Payment Possibly Required) 9 Filed: 9/23/2014, Entered: None
                                                                                                                            REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss the Second Claim for Relief. . Document filed by American Medical Alert Corp.. (Wait, John) (Entered: 09/23/2014)
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                                                                                                                              Legal Document (Payment Possibly Required) 8 Filed: 9/23/2014, Entered: None
                                                                                                                              MEMORANDUM OF LAW in Opposition re: 5 MOTION to Dismiss the Second Claim for Relief. . Document filed by Daniel Martin Gold. (Karlinsky, Martin) (Entered: 09/23/2014)
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                                                                                                                                Legal Document (Payment Possibly Required) 7 Filed: 9/23/2014, Entered: None
                                                                                                                                MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss the Second Claim for Relief. . Document filed by American Medical Alert Corp.. (Wait, John) (Entered: 09/23/2014)
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                                                                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 9/23/2014, Entered: None
                                                                                                                                  DECLARATION of John A. Wait in Support re: 5 MOTION to Dismiss the Second Claim for Relief.. Document filed by American Medical Alert Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wait, John) (Entered: 09/23/2014)
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                                                                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 9/23/2014, Entered: None
                                                                                                                                    MOTION to Dismiss the Second Claim for Relief. Document filed by American Medical Alert Corp..(Wait, John) (Entered: 09/23/2014)
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                                                                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 8/27/2014, Entered: None Court Filing
                                                                                                                                      STIPULATION TO EXTEND TIME: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Daniel M. Gold and defendant American Medical Alert Corp. ("AMAC") through their respective counsel, that the time in which plaintiff Daniel M. Gold shall respond to defendant's motion to dismiss is extended to September 11, 2014; and the time in which defendant AMAC shall submit its reply is extended to September 23, 2014. SO ORDERED. ( Responses due by 9/11/2014, Replies due by 9/23/2014.) (Signed by Judge John F. Keenan on 8/27/2014) (ama) (Entered: 08/27/2014)
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                                                                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 7/23/2014, Entered: None Court Filing
                                                                                                                                        NOTICE OF A PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 20-C on October 21, 2014 at 11:30 a.m., for a pretrial conference, for the purpose of discussing the status of this case. SO ORDERED. Pretrial Conference set for 10/21/2014 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan. (ama) (Entered: 07/23/2014)
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                                                                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 7/22/2014, Entered: None
                                                                                                                                          CIVIL COVER SHEET filed. (moh) (Entered: 07/23/2014)
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                                                                                                                                            Legal Document (Payment Possibly Required) 1 Filed: 7/22/2014, Entered: None
                                                                                                                                            COMPLAINT against American Medical Alert Corp.. (Filing Fee $ 350.00, Receipt Number 465401100558)Document filed by Daniel Martin Gold.(moh) (Entered: 07/23/2014)
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