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 32 |
Filed: 8/15/2017, Entered: 8/16/2017 |
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ORDER: On August 9, 2017, this Court ordered Plaintiff to show cause in writing why he is entitled to file a First Amended Complaint. (Dkt. #31; see Dkt. #29). Plaintiff's deadline to show cause was August 14, 2017. (Dkt. #31). That deadline has passed, and the Court has not heard from Plaintiff. Accordingly, the Clerk of Court is directed to strike Plaintiffs First Amended Complaint, which appears at Docket Entry 29. This case remains closed. (Signed by Judge Katherine Polk Failla on 8/15/2017) (js)
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| 31 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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MEMO ENDORSEMENT: on re: 30 Letter filed by Riverbay Corporation, Victor Net, 3E4C64D. ENDORSEMENT: The Court shares defense counsel's concerns. The Court's October 4, 2016 Opinion dismissed Plaintiff's Title VII claim -- his lone federal cause of action -- with prejudice. (Dkt. #27). What is more, the First Amended Complaint does not appear to rectify (or address) the timeliness issue that was the basis for the Court's dismissal of his Title VII claim. (Id. at 9-12). Accordingly, Plaintiff is ORDERED to show cause in writing why he is entitled to file a First Amended Complaint on or before August 14, 2017. (Signed by Judge Katherine Polk Failla on 8/9/2017) (ap)
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| 30 |
Filed: 8/9/2017, Entered: 8/9/2017 |
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LETTER addressed to Judge Katherine Polk Failla from Joseph A. Saccomano, Jr. dated August 9, 2017 re: Amended Complaint. Document filed by Victor Net, 3E4C64D, Riverbay Corporation.(Saccomano, Joseph)
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| 29 |
Filed: 8/7/2017, Entered: 8/7/2017 |
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FIRST AMENDED COMPLAINT amending 1 Complaint against 48C1DD8, 3E4C64D, Riverbay Corporation with JURY DEMAND.Document filed by 69DCA8F. Related document: 1 Complaint.(Roth, Pamela)
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Filed: 10/5/2016, Entered: 10/5/2016 |
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Terminate Transcript Deadlines (km)
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| 28 |
Filed: 10/5/2016, Entered: 10/5/2016 |
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CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 4, 2016, Defendants' motion is granted in full. Plaintiff's claims under Title VII are dismissed with prejudice. Because the Court declines to exercise supplemental jurisdiction over Plaintiff's NYSHRL and NYCHRL claims, they are dismissed without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/5/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km)
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Filed: 10/4/2016, Entered: 10/5/2016 |
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Transmission to Judgments and Orders Clerk. Transmitted re: 27 Memorandum & Opinion to the Judgments and Orders Clerk. (mro)
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| 27 |
Filed: 10/4/2016, Entered: 10/5/2016 |
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OPINION AND ORDER re: 24 MOTION to Dismiss filed by Riverbay Corporation, 3E4C64D. For the foregoing reasons, Defendants' motion is GRANTED in full. Plaintiff's claims under Title VII are dismissed with prejudice. Because the Court declines to exercise supplemental jurisdiction over Plaintiff's NYSHRL and NYCHRL claims, they are dismissed without prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 10/4/2016) (mro)
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| 26 |
Filed: 8/11/2016, Entered: 8/11/2016 |
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MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss . . Document filed by 3E4C64D, Riverbay Corporation. (Saccomano, Joseph)
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| 25 |
Filed: 8/11/2016, Entered: 8/11/2016 |
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AFFIRMATION of Joseph A. Saccomano, Jr. in Support re: 24 MOTION to Dismiss .. Document filed by 3E4C64D, Riverbay Corporation. (Attachments: # 1 Exhibit A - Dismissal and Notice of Rights, # 2 Exhibit B - Complaint)(Saccomano, Joseph)
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| 24 |
Filed: 8/11/2016, Entered: 8/11/2016 |
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MOTION to Dismiss . Document filed by 3E4C64D, Riverbay Corporation. Responses due by 9/16/2016(Saccomano, Joseph)
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| 23 |
Filed: 7/22/2016, Entered: 7/22/2016 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a motion proceeding held on 6/16/16 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)
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| 22 |
Filed: 7/22/2016, Entered: 7/22/2016 |
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TRANSCRIPT of Proceedings re: motion held on 6/16/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Jerry Harrison, (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 8/15/2016. Redacted Transcript Deadline set for 8/25/2016. Release of Transcript Restriction set for 10/24/2016.(Siwik, Christine)
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| 21 |
Filed: 7/18/2016, Entered: 7/18/2016 |
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ORDER: Defendants' motion to dismiss is due by August 17, 2016; Plaintiff's opposition is due by September 16, 2016; and Defendants' reply is due by September 30, 2016. (Motions due by 8/17/2016. Responses due by 9/16/2016. Replies due by 9/30/2016.) (Signed by Judge Katherine Polk Failla on 7/18/2016) (tn)
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| 20 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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MEMO ENDORSEMENT on re: 19 Letter filed by Riverbay Corporation, Victor Net, 3E4C64D. ENDORSEMENT: The Court is in receipt of Defendants' request and will set a briefing schedule upon Plaintiff's submission of the further information requested in Docket Entry 18. Further, in light of Plaintiff's letter of July 5, 2016 (Dkt. #17), which stated that Plaintiff was "withdrawing any and all federal claims under Title VII, the New York State Human Rights Law and the New York City Human Rights Law" as against Defendant Victor Net, all claims against Defendant Net are hereby DISMISSED. Victor Net terminated. (Signed by Judge Katherine Polk Failla on 7/11/2016) (tn)
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| 19 |
Filed: 7/11/2016, Entered: 7/11/2016 |
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LETTER addressed to Judge Katherine Polk Failla from Joseph A. Saccomano, Jr. dated July 11, 2016 re: Defendants' intent to file motion to dismiss. Document filed by Victor Net, 3E4C64D, Riverbay Corporation.(Saccomano, Joseph)
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| 18 |
Filed: 7/8/2016, Entered: 7/8/2016 |
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ORDER: the Court requests additional substantiation, on or before July 15, 2016, for Plaintiff's representation that he and his counsel received the Right to Sue letter on a Sunday. (Signed by Judge Katherine Polk Failla on 7/8/2016) (tn)
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| 17 |
Filed: 7/5/2016, Entered: 7/5/2016 |
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REPLY re: 14 Letter, to dismiss Plaintiff's Complaint. Document filed by 69DCA8F. (Attachments: # 1 Exhibit Email)(Roth, Pamela)
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Filed: 6/16/2016, Entered: 6/21/2016 |
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Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference/Pre-Motion Conference held on 6/16/2016. (Court Reporter Jerry Harrison) (Lopez, Jose)
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| 16 |
Filed: 6/16/2016, Entered: 6/16/2016 |
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ORDER: that Plaintiff submit a letter on or before June 30, 2016, responding to the issues raised by the moving Defendants' pre-motion letter (Dkt. #14) and the Court during the conference. Following submission of Plaintiff's letter, those Defendants shall submit a letter within two weeks, by July 14, 2016, indicating whether they still intend to pursue a motion to dismiss. (Signed by Judge Katherine Polk Failla on 6/16/2016) (tn)
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| 15 |
Filed: 5/31/2016, Entered: 5/31/2016 |
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MEMO ENDORSEMENT on re: 14 Letter, filed by Riverbay Corporation, Victor Net, 3E4C64D. ENDORSEMENT: The Court is in receipt of the instant pre-motion letter from Defendants Riverbay Corporation, 3E4C64D, and Victor Net, requesting a conference on their anticipated motion to dismiss. The Court did not, however, receive a responsive submission from Plaintiff within the three-day time period set forth in the Court's Individual Rules. It is hereby ORDERED that the parties appear for a pre-motion conference on June 16, 2016, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. In advance of this conference, Plaintiff shall file a responsive submission on or before June 3, 2016. (Pre-Motion Conference set for 6/16/2016 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/31/2016) (tn)
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| 14 |
Filed: 5/25/2016, Entered: 5/25/2016 |
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LETTER addressed to Judge Katherine Polk Failla from Joseph A. Saccomano, Jr. dated May 24, 2016 re: request for pre-motion conference for Defendants' motion to dismiss. Document filed by Victor Net, 3E4C64D, Riverbay Corporation.(Saccomano, Joseph)
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Filed: 5/25/2016, Entered: 5/25/2016 |
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Joseph Anthony Saccomano to RE-FILE Document 13 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Joseph A. Saccomano, Jr. dated May 24, 2016. Use the event type Letter found under the event list Other Documents. (db)
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| 13 |
Filed: 5/24/2016, Entered: 5/24/2016 |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Katherine Polk Failla from Joseph A. Saccomano, Jr. dated May 24, 2016. Document filed by Victor Net, 3E4C64D, Riverbay Corporation.(Saccomano, Joseph) Modified on 5/25/2016 (db).
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| 12 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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NOTICE OF APPEARANCE by John Daniel Bryan on behalf of Victor Net, 3E4C64D, Riverbay Corporation. (Bryan, John)
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| 11 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Riverbay Corporation.(Saccomano, Joseph)
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| 10 |
Filed: 5/10/2016, Entered: 5/10/2016 |
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NOTICE OF APPEARANCE by Joseph Anthony Saccomano, Jr on behalf of Victor Net, 3E4C64D, Riverbay Corporation. (Saccomano, Joseph)
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| 9 |
Filed: 5/9/2016, Entered: 5/9/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. 3E4C64D served on 5/9/2016, answer due 5/31/2016. Service was accepted by Karrie Anne Sutherland as Legal Department for Riverbay Corporation. Document filed by 69DCA8F. (Roth, Pamela)
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| 8 |
Filed: 5/9/2016, Entered: 5/9/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. Victor Net served on 5/9/2016, answer due 5/31/2016. Service was accepted by Karrie Anne Sutherland as Legal Department for Riverbay Corporation. Document filed by 69DCA8F. (Roth, Pamela)
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| 7 |
Filed: 5/9/2016, Entered: 5/9/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. 48C1DD8 served on 5/9/2016, answer due 5/31/2016. Service was accepted by Karrie Anne Sutherland as Legal Department for Riverbay Corporation. Document filed by 69DCA8F. (Roth, Pamela)
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| 6 |
Filed: 5/9/2016, Entered: 5/9/2016 |
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AFFIDAVIT OF SERVICE of Summons and Complaint. Riverbay Corporation served on 5/9/2016, answer due 5/31/2016. Service was accepted by Karrie Anne Sutherland as Legal Department for Riverbay Corporation. Document filed by 69DCA8F. (Roth, Pamela)
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| 5 |
Filed: 5/6/2016, Entered: 5/6/2016 |
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ELECTRONIC SUMMONS ISSUED as to 48C1DD8, Victor Net, 3E4C64D, Riverbay Corporation. (dgo)
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| 4 |
Filed: 5/5/2016, Entered: 5/5/2016 |
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REQUEST FOR ISSUANCE OF SUMMONS as to Riverbay Corporation, 3E4C64D, Victor Net, 48C1DD8, re: 1 Complaint. Document filed by 69DCA8F. (Attachments: # 1 Rider)(Roth, Pamela)
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| 3 |
Filed: 4/26/2016, Entered: 4/26/2016 |
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ORDER granting 2 Letter Motion for Extension of Time: Application GRANTED. Plaintiff shall serve Defendants on or before May 9, 2016, two weeks from the initial 90-day deadline to serve Defendants under Federal Rule of Civil Procedure 4(m). Service due by 5/9/2016. (Signed by Judge Katherine Polk Failla on 4/26/2016) (tn)
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| 2 |
Filed: 4/26/2016, Entered: 4/26/2016 |
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FIRST LETTER MOTION for Extension of Time to Serve Summons and Complaint on Defendants addressed to Judge Katherine Polk Failla from Pamela S. Roth, Esq. dated April 25, 2016. Document filed by 69DCA8F.(Roth, Pamela)
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Filed: 1/26/2016, Entered: 1/26/2016 |
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Case Designated ECF. (rch)
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Filed: 1/26/2016, Entered: 1/26/2016 |
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Magistrate Judge Kevin Nathaniel Fox is so designated. (rch)
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Filed: 1/26/2016, Entered: 1/26/2016 |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (rch)
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Filed: 1/26/2016, Entered: 1/26/2016 |
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Pamela Susan Roth. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (rch)
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Filed: 1/26/2016, Entered: 1/26/2016 |
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Pamela Susan Roth. The following case opening statistical information was erroneously selected/entered: County code Bronx. The following correction(s) have been made to your case entry: the County code has been modified to Dutchess. (rch)
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| 1 |
Filed: 1/25/2016, Entered: 1/25/2016 |
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COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-11876983)Document filed by 69DCA8F.(Roth, Pamela)
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